Workers' Compensation

Recent Posts

MO: Police Chief Awarded Disability For Wiping Car Window
Posted on 19 Oct 2011 by Martin Klug

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... Read More

The Defense of Intentional Self-Injury: Russian Roulette, Workplace Frustration, Accidental Drug Overdose, and More
Posted on 2 Mar 2012 by Larson's Spotlight

Rashness Versus Intention in Self-Injury Cases In a few cases, attempts have been made to invoke the intentional self-injury defense when, although the workers obviously did not really intend to harm themselves, their conduct was so rash that the defendants... Read More

Missouri: Arthritic Findings Defeat Causation on Shoulder Case
Posted on 23 Mar 2012 by Martin Klug

A claimant must demonstrate not only that he had an "accident" but also an "injury." An injury is not compensable unless the accident was the prevailing factor in both the medical condition and disability. Claimant had an "accident"... Read More

Missouri: No Benefits for Alleged Fume Exposure
Posted on 2 May 2012 by Martin Klug

Claimant lost his claim against the second injury fund when he failed to prove an accident that his alleged exposure to muriatic acid fumes caused a heart attack. Poarch v Treasurer of the State of Missouri , 2012 Mo. App. Lexis 592 (May 1, 2012). The... Read More

Missouri: No Disability for Hunting Trip Accident
Posted on 22 Dec 2011 by Martin Klug

Claimant sustained catastrophic injuries from a single car pre-dawn accident in 2008 on a gravel country road when his car went off the road. The parties stipulated that the 30-year old claimant was unemployable but disputed whether his accident arose... Read More

Missouri: Storm Chasing Chief Awarded Benefits for Slipping at His Home
Posted on 30 Mar 2012 by Martin Klug

On a dark and stormy Sunday night, a police chief fell on his driveway while getting into his truck to drive into town and check for storms. His job duties involved storm spotting by finding the highest ground to see if he could spot a tornado or any... Read More