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WILLIAM BOWERS, Claimant-Appellant, v. HILAND DAIRY COMPANY, Employer-Respondent, and. TREASURER OF THE STATE OF MISSOURI AS CUSTODIAN OF THE SECOND INJURY FUND, Additional Party-Respondent.

ON MOTION FOR REHEARING AND MOTION FOR TRANSFER

PER CURIAM.

Employee filed a "Motion for Rehearing, or in the Alternative, Application for Transfer to the Supreme Court." In that motion, he contends, inter alia, that the failure to include the bills for past medical services in the record on appeal was an error by the Commission and was through no fault of his. We do not suggest otherwise. We are aware that pursuant to § 287.495.1 the Commission "shall, under its certificate, return to the court all documents and papers on file in the matter, together with a transcript of the evidence, the findings and award, which shall thereupon become the record of the cause." In this case, however, we have reversed the portion of the award denying reimbursement of past medical expenses in the form of prescription bills and remanded it to the Commission for reconsideration. That reconsideration will include a review, consistent with our opinion, of the bills that were omitted from the record on appeal. Thus, no harm can be said to have accrued to Employee by way of the omission of the referenced medical bills.

Other issues raised in Employee's motion require no further discussion. The motion is denied.

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BOWERS v. HILAND DAIRY CO., 25807 (Mo.App.S.D. 2004)
(Mar 18, 2004)