Missouri: Wrongful Death Suit Allowed for Teen Killed on Job

An 18-year old girl was working as a cashier for Dollar General in Campbell, Missouri when her boyfriend entered the store with a rifle, he fatally shot her and then killed himself. The employer claimed her accident arose out of her employment because she was assaulted on the job and the girl’s...

Missouri: Court Tightens Burden of Missouri Employer to Invoke Safety Penalty

Claimant carried a 100-pound roll of composite on to a roof, he hurt his back and became totally disabled. The Western District court of appeals reversed the 50% safety penalty on his benefits applied by the administrative law judge and the Commission and remanded the case for further findings. Carver...

Missouri: Commission Douses ‘Pants on Fire’ Defense

Claimant “routinely exaggerated the nature and extent of his conditions and disabilities, and was less than fully truthful regarding his low back problems,” according to the administrative law judge, but the Commission reversed a denial of benefits and provided claimant PTD benefits in the...

Missouri: Claimant’s Death Did Not Unravel Settlement Offer

The court of appeals found a ‘deal was a deal’ and the employer was stuck with its offer to settle a case for $181,434 representing future disability payments, even though claimant died the day the joint motion for commutation of a permanent total award was submitted to the Commission for...

Missouri: Claimant’s Death Did Not Unravel Settlement Offer

The court of appeals found a ‘deal was a deal’ and the employer was stuck with its offer to settle a case for $181,434 representing future disability payments, even though claimant died the day the joint motion for commutation of a permanent total award was submitted to the Commission for...

Missouri: Court Dilutes Claimant’s Drug Cocktail

The Missouri court of appeals affirmed a decision to dilute a drug cocktail, but the decision came with a twist with a warning about attorney’s fees. In Noel v ABB Combustion Engineering , ED 98446 (Mo. App. 11-13-2012) the injured worker obtained a final award for permanent and total disability...

Missouri: Smoking Pot May Support Disability Claim

The commission reversed a denial of benefits and awarded permanent total benefits against the Second Injury Fund and noted that a prior habit of smoking pot daily for twenty years might be regarded as a hindrance or obstacle to employment. Mandina v Glass Group , 2012 Mo WCLR Lexis 196 (Nov. 21, 2012...

Missouri: No Benefits for Unexplained Fall

An 85-year old employee fell after washing her hands in the employer's bathroom and broke her hip. The Commission denied benefits that claimant established her injury flowed from an identifiable work hazard. Porter v RPCS Inc ., 2012 Mo WCLR Lexis 206 (December 7, 2012). Claimant must establish...

Missouri: Court Declines to Lower Burden to Prove Wrongful Discrimination Claims

Claimant asserts his boss fired him because he had a worker’s compensation case, but he failed to convince a jury of that claim. He had a disagreement with his employer whether he should take a break to rest and elevate his foot before completing an urgent job assignment. The case is Templemire...

Missouri: Employer May Still Contest PPD Despite Late Answer

The only medical expert who assessed disability concluded that the injured worker sustained 30% disability to his left eye when he was struck with a piece of wood, but claimant asserted on appeal that he should have no less than 75% disability because he pled that amount on the claim form and the employer...

Missouri: Refugee Awarded 'Total' for His Days in the Bosnian War

Claimant’s “harrowing experiences” during the Bosnian war entitled him to permanent and total disability benefits against the Second Injury Fund, according to the Commission in the case Music v Red Brick Management, 2013 MOWCLR Lexis 1 , which reversed a denial of SIF benefits by the...

Missouri: Polio Renders Worker Totally Disabled

Claimant fell hundreds of times before in his life, but in 2008 he slipped on a slick floor in his employer’s bathroom, lost control of his crutches, and injured his neck. He never returned to work after two neck surgeries. The Commission affirmed an award for permanent total tried solely against...

Missouri: Polio Renders Worker Totally Disabled

Claimant fell hundreds of times before in his life, but in 2008 he slipped on a slick floor in his employer’s bathroom, lost control of his crutches, and injured his neck. He never returned to work after two neck surgeries. The Commission affirmed an award for permanent total tried solely against...

Missouri: Court Declines to Compel Payment of Fund Award

An injured worker with an unpaid award of permanent total benefits could not compel the Fund to fully pay the award by a writ of mandamus, according to the court of appeals. Skirvin v Treasurer of the State of Mo. , 2013 Mo App. Lexis 84 (Jan 22, 2013) The court of appeals vacated a writ of mandamus...

Missouri: Court Declines to Compel Payment of Fund Award

An injured worker with an unpaid award of permanent total benefits could not compel the Fund to fully pay the award by a writ of mandamus, according to the court of appeals. Skirvin v Treasurer of the State of Mo. , 2013 Mo App. Lexis 84 (Jan 22, 2013) The court of appeals vacated a writ of mandamus...

MISSOURI TOP CASES, powered by Huck, Howe & Tobin (updated 1/23/2013)

These case summaries were written by Martin Klug at Huck, Howe & Tobin. If you're a lexis.com subscriber, click on the lexis.com links to access cases within your subscription plan. Note that expert commentary articles can be accessed for an additional fee on lexis.com . If you're not...

Missouri Second Injury Fund: Is It Time to Re-Define Disability?

No case highlights the financial crisis of Missouri’s second injury better than the recent case of Skirvin v Treasurer of State of Mo. WD 75441 (Mo. App. 2013), 2013 Mo App. Lexis 84 , which describes the Fund’s incapacity to pay millions of dollars in awarded benefits. One issue underlying...

Missouri Second Injury Fund: Is It Time to Re-Define Disability?

No case highlights the financial crisis of Missouri’s second injury better than the recent case of Skirvin v Treasurer of State of Mo. WD 75441 (Mo. App. 2013), 2013 Mo App. Lexis 84 , which describes the Fund’s incapacity to pay millions of dollars in awarded benefits. One issue underlying...

Missouri Second Injury Fund: Is It Time to Re-Define Disability?

No case highlights the financial crisis of Missouri’s second injury better than the recent case of Skirvin v Treasurer of State of Mo. WD 75441 (Mo. App. 2013), 2013 Mo App. Lexis 84 , which describes the Fund’s incapacity to pay millions of dollars in awarded benefits. One issue underlying...

Missouri: Hospital Sanctioned for Boiler-Plate Denial of Treatment

An employer owes attorney’s fees as a sanction for an unreasonable defense when it sent claimant a letter denying medical treatment without any explanation and never bothered to contact claimant before denying the claim, according to a recent Commission decision, Nouraie v Mo Baptist Hospital ...

Missouri: Lab Tech Proves a Work-Related Hep C Infection

What does the widow of a deceased hospital employee have to prove to make a submissible case when the claimant worked around blood during his career and many years later develops hepatitis? In a March 26 decision, Smith, dec. v Capital Region Medical , No. WD75078 (Mo Ct. App 2013), the court of appeals...

Missouri Supreme Court Allows V.A. to Intervene in Comp Cases

The Veteran’s Administration can now intervene in Missouri’s worker’s compensation cases to try to collect payment for medical services provided to veterans, even when an employer never authorized the care and no state rule allows it, according to a recent case from the Missouri Supreme...

Missouri Federal Court Rejects Bad Faith Claim

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Hullverson v. Liberty Ins. Underwriters , 2013 U.S. Dist. LEXIS 101640 (E.D. Mo. July 22, 2013) [ enhanced version available to lexis.com subscribers ], the United States District Court for the Eastern...

American National Property & Casualty Co. v. Wyatt: Missouri Court Interprets Pollution Exclusion in Favor of Coverage

The interpretation and application of pollution exclusions still flummox parties and fill docket sheets. The Missouri Court of Appeals recently addressed such an exclusion in American National Property & Casualty Co. v. Wyatt . This decision is an important one for policyholders seeking coverage...

ARB on H-1B Benching Violations, Illegal Fee Deductions: Matter of Greater Missouri Medical Pro-Care Providers, Inc.

"We AFFIRM the ALJ’s finding that the scope of a Wage and Hour investigation initiated in response to an aggrieved party complaint is not limited to the allegations contained in that complaint. We also AFFIRM the ALJ’s evidentiary rulings and her ruling on the availability of pre- and...