 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Decker v. National Accounts Payable Auditors3/4/1999
Margaret Decker (claimant), surviving spouse of Gene Decker, deceased, appeals the denial of her claim for compensation for the death of her husband. This court affirms.
Mr. Decker was killed December 8, 1991, when his plane crashed on take-off from the Camdenton Memorial Airport. His destination was St. Louis, Missouri, where he planned to meet with Loren Forrester, chairman of National Accounts Payable Auditors, Inc. (NAPA).
The business in which NAPA engaged was auditing records of client companies to determine if they were due refunds from vendors. NAPA was a Nevada corporation. The business operations were run from Mr. Forrester's residence in St. Louis.
Mr. Decker and claimant performed audit work for clients procured by NAPA. Mr. Decker was termed a lead auditor. He traveled between job sites making daily reports on audits and auditors. He prepared monthly billings on audits and solicited new business. Mr. Decker was also a stockholder in NAPA. He owned 8% of its stock. Mr. Forrester owned 28%. Robert Clark owned 30%.
In 1990 all NAPA auditors were required to incorporate individually. They signed contracts with NAPA as independent contractors. Mr. Decker and claimant formed Fireside Financial Services (FFS). After it was incorporated, NAPA paid FFS for the work Mr. Decker and claimant performed on behalf of NAPA. Mr. Decker's and claimant's compensation was paid by FFS.
On December 6, 1991, Loren Forrester met with John Cook of J.C. Ventures to discuss a possible sale of NAPA to J.C. Ventures. After the meeting, Mr. Forrester called Robert Clark and suggested they discuss the potential sale of NAPA with Mr. Decker. Mr. Forrester asked Mr. Clark to set up a meeting for December 8 between the two of them and Mr. Decker in St. Louis to discuss the offer from J.C. Ventures. Mr. Clark called Mr. Decker and asked him to attend a meeting in St. Louis. Mr. Decker asked about the topic of the meeting. Mr. Clark told him he would be pleasantly surprised. He told Mr. Decker it would be a meeting of stockholders.
Claimant sought compensation from NAPA under the workers' compensation act for Mr. Decker's death. NAPA denied Mr. Decker was its employee. Its answer asserted Mr. Decker was a stockholder; that his "death could not have arisen out of and in the course of his employment (i.e., at the time of the crash, he was not on any employment-related business)." Claimant also sought recovery from the Second Injury Fund because NAPA did not have workers' compensation insurance. The answer of the custodian of the Second Injury Fund (the custodian) denied claimant's allegations on the grounds that the custodian was without knowledge or information sufficient to form a belief as to the truth of the statements in the claim.
The Labor and Industrial Relations Commission (the commission) awarded no compensation. It found that Mr. Decker's death did not arise out of and in the course of employment with NAPA. The commission adopted the award and decision of the administrative law Judge. It includes the finding:The injury must occur while the employee was engaged in an activity that grew out of or had some direct relation to the details of the employee's work. Turpin vs. Turpin Electric, Inc., 904 S.W.2d 539 (Mo App 1995). Here the sole purpose was an informal meeting among three stockholders to discuss purchase of NAPA by JC Ventures, Inc.
Claimant's Brief
The custodian filed a motion to dismiss the appeal because claimant's brief does not comply with Rule 84.04(c) and (d) as it existed at the time the brief was filed. The applicable provisions, as they existed at the time of filing of claimant's bri
Page 1 2 3 4 5 Missouri Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|