eBook details
- Title: William P. Pippin v. St. Joe Minerals
- Author : Southern District, Division Two Court of Appeals of Missouri
- Release Date : January 29, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Claimant, Lorie Pippin (hereafter claimant) sought benefits under the Workers' Compensation Law because her husband William Pippin, now deceased (hereafter employee), was found to have the occupational disease 1 of silicosis. 2 The silicosis diagnosis was made during an autopsy following employee's death. Employee had worked for St. Joe Minerals Corporation (hereafter employer) from 1944 until October 1, 1965, when he retired. Following a hearing, an administrative law Judge (ALJ) denied the claim. The ALJ found (a) employee had silicosis; (b) the silicosis condition contributed to causing employee's death; (c) the silicosis condition was not discoverable until employee's death, and the claim was, therefore, timely filed. The ALJ denied the claim finding that there was not sufficient proof on the issue of whether the employee was exposed to an occupational disease in the course of his employment with employer; therefore, the facts did not support a finding that the employee was exposed to the hazard of the occupational disease. Claimant appealed and on May 3, 1990, the Labor and Industrial Relations Commission affirmed the ALJ's decision 3 denying compensation, adopting and incorporating the ALJ's order as a part of the Commission's decision. The issue here presented is whether the Commission's award denying claimant benefits for her husband's death because he was not exposed to the occupational disease of silicosis is supported by substantial evidence or is clearly contrary to the overwhelming weight of the evidence. Barr v. Vickers, Inc., supra, at 579. See also Malcom v. La-Z-Boy Midwest Chair Co., 618 S.W.2d 725, 726 (Mo.App. 1981).