George W. Stoddard v. Wilson Freight

This is an appeal by claimant George W. Stoddard from a judgment of the circuit court which reversed an award of workers' compensation made by the Labor and Industrial Relations Commission against Stoddard's employer, Wilson Freight, Inc., and its insurer, Transport Insurance Company (which we shall refer to collectively as ""employer"") and against the Second Injury Fund. We reverse the judgment and reinstate the award of the Commission. Claimant Stoddard on October 25, 1972, was injured in a one-vehicle truck accident near Lawrence, Kansas. He was driving his employer's truck en route from Kansas City to Topeka. Claimant worked out of his employer's local office in Kansas City, Missouri, his contract of employment was made in Missouri, and his employment was ""principally localized"" in Missouri. See § 287.110, RSMo 1978. Claimant could file his workmen's compensation claim either in Kansas or Missouri, or, as we shall see, in both. He filed his claim in Kansas. In due time he received $12,000 in a lump sum in pursuance of a compromise settlement with the employer's insurance company, which settlement was approved by a Kansas Workmen's Compensation referee. The settlement hearing was held December 10, 1975, and the $12,000 called for by the settlement and award was paid to the claimant at that time.