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Accidental Injury
benzene
Carkeek v Missouri
cashier
circuit court
Discrimination
equal exposure
expert witness
integral
Martin Klug
Missouri
Missouri Labor and Industrial Relations Commission
Missouri workers compensation
occupational disease
permanent partial disability
Permanent Total Disability
personal comfort doctrine
public employees
second injury fund
sovereign immunity
statute of limitations
vocational expert
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workers' Compensation claims
workers compensation reform
Martin Klug
over 11 years ago
Workers' Compensation
Exclusive Remedy
MO: Western District Announces 'Open Season' On Employers
Just when Missouri business was feeling good about things after comp reform, the court of appeals has now announced open season and allows claimants with occupational disease cases to go after their employers in circuit court instead of comp. State ex...
Martin Klug
over 11 years ago
Workers' Compensation
Causation & AOE-COE Issues
MO: Supreme Court to Address "Equal Exposure" Defense
When is an accident not compensable because an injured worker was equally exposed to the hazard or risk outside of and unrelated to the employment? The issue will now go to the Missouri Supreme Court, based on a recent transfer by the Eastern District...
Martin Klug
over 10 years ago
Workers' Compensation
Causation & AOE-COE Issues
Missouri: Noxious Smoke and Fumes at Work Caused Myelomas
Noxious fumes and yellow smoke caused claimant's non-Hodgkin's lymphoma (multiple myelomas) and made him unemployable, according to a new decision from the Court of Appeals, which affirmed an award of PTD benefits. The award included safety...
Martin Klug
over 11 years ago
Workers' Compensation
Causation & AOE-COE Issues
MO: Police Chief Awarded Disability For Wiping Car Window
A police chief who describes acute neck pain after wiping the inside window of his unmarked police car performed "integral" police work under Missouri law. Whiteley v City of Poplar Bluff , No. SD 31287 (Mo. App. Oct. 11, 2011), affirmed an...
Martin Klug
over 11 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
MO: Claimant Loses Permanent Total Claim When Her Vocational Expert Concedes She Can Be Trained As Cashier
The court of appeals rejected claimant's PTD claim against the second injury fund based on inconsistent opinions of her vocational expert. Carkeek v Treasurer of the State of Mo. , WD 73377 (Mo. App. Oct. 11, 2011) (Free Download), affirmed an award...
Martin Klug
over 10 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Missouri: Appeals Court Remands Retaliation Claim by State Employees
State employees at the Missouri Department of Mental Health claimed they were harassed, intimidated, coerced and punished for pursuing worker's compensation cases and sought money and equitable relief. The circuit court found the plaintiffs could...
Martin Klug
over 11 years ago
Workers' Compensation
Workers' Compensation Commentary
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...
Martin Klug
over 11 years ago
Workers' Compensation
Workers' Compensation Law Blog
MO: Claimant Loses Permanent Total Claim When Her Vocational Expert Concedes She Can Be Trained As Cashier
The court of appeals rejected claimant's PTD claim against the second injury fund based on inconsistent opinions of her vocational expert. Carkeek v Treasurer of the State of Mo. , WD 73377 (Mo. App. Oct. 11, 2011) (Free Download), affirmed an award...
Martin Klug
over 10 years ago
Workers' Compensation
Workers' Compensation Law Blog
Missouri: Appeals Court Remands Retaliation Claim by State Employees
State employees at the Missouri Department of Mental Health claimed they were harassed, intimidated, coerced and punished for pursuing worker's compensation cases and sought money and equitable relief. The circuit court found the plaintiffs could...
Martin Klug
over 10 years ago
Workers' Compensation
Workers' Compensation Law Blog
Missouri: Noxious Smoke and Fumes at Work Caused Myelomas
Noxious fumes and yellow smoke caused claimant's non-Hodgkin's lymphoma (multiple myelomas) and made him unemployable, according to a new decision from the Court of Appeals, which affirmed an award of PTD benefits. The award included safety...
Martin Klug
over 11 years ago
Workers' Compensation
Workers' Compensation Law Blog
MO: Supreme Court to Address "Equal Exposure" Defense
When is an accident not compensable because an injured worker was equally exposed to the hazard or risk outside of and unrelated to the employment? The issue will now go to the Missouri Supreme Court, based on a recent transfer by the Eastern District...
Martin Klug
over 11 years ago
Workers' Compensation
Workers' Compensation Law Blog
MO: Police Chief Awarded Disability For Wiping Car Window
A police chief who describes acute neck pain after wiping the inside window of his unmarked police car performed "integral" police work under Missouri law. Whiteley v City of Poplar Bluff , No. SD 31287 (Mo. App. Oct. 11, 2011), affirmed an...
Martin Klug
over 11 years ago
Workers' Compensation
News Headlines
MO: Western District Announces 'Open Season' On Employers
Just when Missouri business was feeling good about things after comp reform, the court of appeals has now announced open season and allows claimants with occupational disease cases to go after their employers in circuit court instead of comp. State ex...
Martin Klug
over 12 years ago
Workers' Compensation
News Headlines
MO: Spouse Awarded Lifetime Benefits for PTD Claimant
A recent court of appeals case affirming a PTD award addressed two important issues: the impact of an application for unemployment benefits on TTD benefits and when a dependent spouse in a PTD case before 2008 may receive benefits even if a claimant dies...
Martin Klug
over 12 years ago
Workers' Compensation
News Headlines
MO: Court Remands Permanent Total Claim for Arthritis
The Missouri court of appeals remanded an alleged permanent total claim against the Second Injury Fund based on a claim that two different types of arthritis synergistically combined. The Commission denied benefits and found that claimant’s work...
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