MO: Is falling on the employer’s lot in the morning enough to obtain benefits?

The recent Commission case Lantie Wilson v Buchanan County , Oct. 14, 2011, 2011 Mo WCLR Lexis 206, involved a claimant who fell on the employer's lot reporting to work. The Commission affirmed an award of benefits and concluded that there was no need to even consider if claimant had equal exposure...

MO: Toxic Exposure From Fumes Hanging In Air

Claimant worked 10 years in Jasper County making components for battery cells and developed a rare cancer, IgA myeloma. As a result of either the condition or the stem cell transplant and chemotherapy, he required treatment for about 5 years for kidney disease, recurrent skin basal cell carcinomas, carpal...

MO: “Special Errand” Costs Employer in Cross-Over Accident

An employee acts in the course of her employment during an accident when she commutes on a regular route on a regular work day under a "special errand" exception to the going and coming rule. Defendant drove across a slick road in Cass County and struck the plaintiff, resulting in a 1.4...

MO: Commission Thwarts Statutory Reform For 'Objective' Findings

Statutory reform in Missouri requires that objective findings trump conflicting subjective findings. When a doctor concludes claimant can work based on FCE results but claimant state he can't, does the FCE "objective" findings control? In the case of Reichardt v Industrial Sheet Metal...

Missouri: Reaction to Flu Vaccine Is a "Comp" Injury

A health-care worker who had a severe reaction to a flu shot in 2005 could collect worker’s compensation benefits even though the shot was not mandatory and not an “accident” as a matter of law. The employer did not require employees to have flu shots, but allowed employees to obtain...

Missouri: Commission Expands Claims Against Fund

An employee may collect benefits from the second injury fund, even though the underlying medical condition considered by itself may not qualify for the minimum statutory threshold. The Commission now clarifies what it perceives as a common “misperception” that prior impairments cannot be...

Missouri: No Death Benefits From Toe Fracture

Claimant died five years after he stubbed his toe while delivering pizzas. He fractured his toe and claims he also hurt his knee. The ALJ awarded death benefits. The parties disputed whether claimant's left knee symptoms, recurrent surgeries for a proliferative mass of unknown origin, and his fatal...