Johnson Controls, Inc. v. Westcott

Full title: JOHNSON CONTROLS, INC., APPELLANT, v. GARY WESTCOTT, RESPONDENT

Court: Missouri Court of Appeals, Western District

Date published: Jun 25, 1996

924 S.W.2d 596 (Mo. Ct. App. 1996)

Opinion

Docket Number WD 51899

Filed: June 25, 1996

APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS COMMISSION.

Bill Richerson, Two Pershing Square, 2300 Main, Suite 1100, KCMO 64141, for appellant.

Franklin Nichols, 120 So. 5th Street, P.O. Box 147, St. Joseph, MO 64502, for respondent.

BEFORE LOWENSTEIN, P.J., HANNA and SPINDEN, JJ.

Per Curiam

MEMORANDUM DECISION

Johnson Controls, Inc., appeals the Labor and Industrial Relations Commission's decision that it must pay its employee, Gary Westcott, temporary total disability compensation. Johnson Controls asserts that Westcott's injuries resulting from a fall in the parking lot of a physical therapist did not arise out of, and in the course of, his employment and that, even if the injuries were compensable, Westcott was not entitled to compensation because he was able to do light duty work but refused. We affirm. Rule 84.16(b).