Workers' Compensation

Recent Posts

Missouri: Schoemehl Fix Doesn’t Stop Benefits for Surviving Spouses
Posted on 2 Aug 2012 by Martin Klug

The Supreme Court concludes an employer must keep paying comp benefits even after an injured worker dies from unrelated causes. Gervich v Condaire, No. SC 91727 (July 31, 2012), 2012 MO Lexis 162 . In June 26, 2008 the Missouri legislature limited... Read More

Missouri: A "Working" Claimant is Not a Total (sometimes)
Posted on 8 Dec 2011 by Martin Klug

Claimant's capacity to return to work for 1 1/2 years after her back injury defeated her SIF claim that she was permanently and totally disabled. Her duties such as data entry, answering phones or monitoring suicidal patients were considered a ‘real... Read More

MO: Working Doesn't Stop PTD Benefits for Claimant
Posted on 28 Feb 2012 by Martin Klug

A permanently and totally disabled claimant with a traumatic brain injury did not lose benefits because he was working, according to the Missouri Court of Appeals, when the employer failed to show a change in physical condition. The case is Pavia v Smitty's... Read More

Missouri: Commission Pierces Corporate Veil for LLC Owners
Posted on 10 Aug 2012 by Martin Klug

Want to pierce the corporate veil? Go ahead, according to the Labor and Industrial Relations Commission in a 2-0 decision which found uninsured Missouri business owners operating out of their home personally liable for more than $72,000 for a claimant... Read More

  • Blog Post: Missouri: A "Working" Claimant is Not a Total (sometimes)

    Claimant's capacity to return to work for 1 1/2 years after her back injury defeated her SIF claim that she was permanently and totally disabled. Her duties such as data entry, answering phones or monitoring suicidal patients were considered a ‘real job’ in the open labor market. Claimant...
  • Blog Post: MO: Working Doesn't Stop PTD Benefits for Claimant

    A permanently and totally disabled claimant with a traumatic brain injury did not lose benefits because he was working, according to the Missouri Court of Appeals, when the employer failed to show a change in physical condition. The case is Pavia v Smitty's Supermarkets , No. 31275 (Mo. App. SD 2012...
  • Blog Post: Missouri: Schoemehl Fix Doesn’t Stop Benefits for Surviving Spouses

    The Supreme Court concludes an employer must keep paying comp benefits even after an injured worker dies from unrelated causes. Gervich v Condaire, No. SC 91727 (July 31, 2012), 2012 MO Lexis 162 . In June 26, 2008 the Missouri legislature limited the rights of a surviving spouse's compensation...
  • Blog Post: Missouri: Commission Pierces Corporate Veil for LLC Owners

    Want to pierce the corporate veil? Go ahead, according to the Labor and Industrial Relations Commission in a 2-0 decision which found uninsured Missouri business owners operating out of their home personally liable for more than $72,000 for a claimant who fell from a ladder in 2008 while installing duct...