Missouri: Commission Resuscitates Extended Premises Doctrine

Rumors of the death of the extended premises doctrine were premature, according to a recent case from the Commission. In Viley v Scholastic, 2014 MO WCLR Lexis 56 (lexis.com), 2014 MO WCLR Lexis 56 (Lexis Advance) (April 16, 2014), the Commission reversed a denial of benefits when claimant fell on...

Missouri: Court Rejects Independent Tort Claim For Not Paying Comp Awards

A worker who has a dispute about collecting a worker's compensation award must rely upon civil remedies and does not have an independent tort claim to recover punitive damages and pain and suffering, according to a new decision from the court of appeals. Deane v Missouri Employers Mutual Ins. Co...

Missouri: Court Affirms Award for Legionnaire’s Disease

It was just another day on the job for claimant when she put on her raincoat and boots, pulled out her sprayer, and spent the day getting splattered with hog manure, afterbirth and hog waste material. In 2002 she felt sick and fatigued and was hospitalized, went into a coma, and was treated for Legionnaire’s...

Missouri: Benefits Denied For a Train Inspector Who Fell From a Rail Car

A 58-year old train inspector fell more than 20 feet from the top of a rail car resulting in injuries to his back and shoulder. He failed to establish he had an accident to pursue a PTD claim against the second injury fund because he "unfortunately" had no idea how his fall occurred. Gleason...

Missouri: Negligence Lawsuit Allowed Against Co-Worker On ‘Something Less’

Changes to section 287.120.1 lowered the burden of proof to sue a co-worker based on common law, according to the court of appeals, when it reversed a dismissal for failure to state a claim. Leeper v Asmus WD 76772 (May 27, 2014), 2014 MO App Lexis 605 (lexis.com), 2014 MO App Lexis 605 (Lexis Advance...

National and State-by-State Workers' Comp News Powered by Larson's (6/30/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. More Doctors Reviewing Injured Worker’s Genetic Makeup When Prescribing Drugs . Mark Walls Joins Safety National...

National and State-by-State Workers' Comp News Powered by Larson's (7/7/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. Sixth Circuit Moves Forward ADA Claim by Employee Denied Telework . CDC Reports Opioid Painkiller Prescribing Varies...

Missouri: Court Compels Commission To Approve Settlement

A surviving widow negotiated with the employer to obtain a lump sum settlement but the Commission refused to approve the settlement and asserted that the agreement was not in accordance with her rights because it was less than the present value of the claim. Hinkle v A.B. Dick , WD 76952, 2014 Mo. App...

Missouri: Salesman Collects Comp for Accident After He Was Fired

A 48-year old car salesman who fell on the employer's lot after he was fired can collect comp benefits in Missouri because his injury occurred within a reasonable time after his termination. The Commission recently awarded nearly $400,000. Hartman v DJSCMS/Suntrip Kia , 2014 MO WCLR Lexis 85 (lexis...

National and State-by-State Workers' Comp News Powered by Larson's (8/4/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. U.S. House Passes Bill to Help Boatyards Save on Workers Comp Insurance . NIOSH Provides Free Online Emergency Responder...

National and State-by-State Workers' Comp News Powered by Larson's (9/9/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. AZ: IC Posts 2014-2015 Physician/Pharmaceutical Fee Schedule, eff. 10-1-2014 . CA: DWC Issues Revision to WCIS Regs With...

Missouri: Punch In Mouth Aggravates PTSD For SIF Total

An unruly patient who punched the claimant in her mouth knocked her out of the labor market, according to the Commission which affirmed a total disability award against the second injury fund. Seldon v St. Louis Psychiatric Rehab Center , 2014 Mo WCLR Lexis 110 (lexis.com), 2014 Mo WCLR Lexis 110 (Lexis...

Missouri: Dysfunction Junction, What's Your Function?

There’s a new way to tap the Missouri second injury fund: bad parents. The Fund provides compensation when prior conditions combine with a new work accident. This rationale applies easily with contralateral orthopedic injuries because the injuries synergistically combine to create a greater...

Missouri: Parking Lot Injury Covered In Spite of Fact That Employer Did Not Own It

A Missouri appellate court affirmed an award of workers’ compensation benefits to an employee who sustained a severe knee injury when he slipped and fell on ice and snow in a parking lot near his employer’s premises. Acknowledging that the employer did not own the parking lot, the court nevertheless...

Missouri: Court Weakens 'Equal Exposure' Defense In a New Parking Lot Case

A worker who injured his knee falling on a snowy adjacent parking lot while leaving work was awarded benefits. Scholastic v David Viley, 2014 Mo App. Lexis 1207 (Lexis Advance), 2014 Mo App. Lexis 1207 (lexis.com), WD 77546 (Oct. 28, 2014) This case is important for two reasons. The commission awards...

National and State-by-State Workers' Comp News Powered by Larson's (12/1/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. EEOC Lawsuit Alleges Illegal Screening of Job Applicants w/History of Carpal Tunnel . Experts Warn of Employer Use of...

Missouri: Dependent Awarded Life-time Comp Benefits After His Father’s Cocaine-related Death

Agnew sustained catastrophic injuries when he was 22 years old after he fell from a roof in 1999. He sustained T9 paraplegia and required multiple spinal surgeries and psychiatric admissions. He received multiple treatment involving more than $2.2 million in care. In 2008 he was found dead in a Wal-mart...

National and State-by-State Workers' Comp News Powered by Larson's (12/15/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. Hospital Outpatient Costs Higher Where Percent-of-Charge-Based Fee Regs, No Fee Schedules . NCCI Develops Proof of WC...

Missouri: Court Finds No Automatic Attorney’s Fee When a Comp Carrier Pays a Disputed Medical Bill

Is an attorney automatically entitled to a fee when disputed medical bills are paid after a comp claim is filed but before a hearing? The court of appeals affirmed a denial of attorney's fees for the bills but relied u pon the limited evidentiary record in the case. Sterling v . Mid America Car ...

Missouri: Court Affirms Death Benefits for Hep C Exposure

Can a hospital worker recover benefits for hepatitis C without showing the disease was present in the hospital where he worked? Smith v Capital Region Medical Center , 2014 Mo. App. Lexis 1453 (lexis.com), 2014 Mo. App. Lexis 1453 (Lexis Advance) (December 23, 2014) affirmed an award of death benefits...

National and State-by-State Workers' Comp News Powered by Larson's (1/5/2015)

NIOSH Examines Link Between Firefighting and Cancer . Expert Provides Guidance on FLSA From Worker Perspective . AL: Labor Dept. Explains New OSHA Reporting Requirements Eff. Jan. 1 . AL: Injuries Sustained While Seeking Medical Treatment for Earlier Injury Held Compensable . AK: Labor Dept...

Missouri: Commission Doesn’t Believe Employer That He Requested a Drug Test

The employer failed to show it required a drug test after a work accident and now owes for ongoing temporary benefits because the worker states his severe chronic back pain is worse since his accident. King v American Employment Group , 2014 Mo WCLR Lexis 143 (lexis.com), 2014 Mo WCLR Lexis 143 (Lexis...

Missouri: Toilet Dispenser Attacks Worker

If a Missouri worker gets injured using a public toilet, does she get comp benefits? The answer is: at least some of the time, according to the latest report from the Commission in a case affirming benefits in a temporary award. Eberhard v G4S/Walkenhut , 2015 Mo WCLR Lexis 1 (lexis.com), 2015 Mo WCLR...

National and State-by-State Workers' Comp News Powered by Larson's (1/19/2015)

President Obama Signs Six-Year Extension of TRIA . President Obama Unveils Plan for Family Leave, Sick Days for Workers . Liberty Mutual 2014 Workplace Safety Index Lists Top 10 Causes of Workplace Injuries . NIOSH Examines Increased Risks of Birth Defects From Workplace Exposures . No Smoke...

Missouri Skips the Light Fandango Denying Comp Drug Penalty

The Commission affirmed a denial of an anti-drug policy defense to a permanent total claimant who appeared to have used cocaine shortly before the accident. Hertzing v Beck Motors , 2015 Mo WCLR Lexis 2 (lexis.com), 2015 Mo WCLR Lexis 2 (Lexis Advance) (January 9, 2015) The employer introduced a drug...