Workers' Compensation

Recent Posts

MO: Chiropractor Awarded Benefits After Falling at Work
Posted on 28 Apr 2011 by Martin Klug

Claimant is a chiropractor physician who maintains his office as the company owner, and states on a day the office was closed he fell from a six foot ladder while changing a light and injured both shoulders. Claimant stated that he didn’t want to... Read More

MO: Cleaning Bathroom Doesn’t Render Claimant Totally Disabled
Posted on 9 Aug 2011 by Martin Klug

Claimant alleged he choked and sustained a myocardial infarction from noxious fumes after he sprayed an apartment bathroom on one occasion to remove mold. The claimant's expert attributed claimant's symptoms to muriatic acid fumes. The Commission... Read More

MO: Court Remands Permanent Total Claim for Arthritis
Posted on 13 Oct 2010 by Martin Klug

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... Read More

MO: Juror Reporting for Service Awarded Benefits
Posted on 25 Apr 2011 by Martin Klug

The Commission in a case of first impression concluded that a prospective juror who fell on a parking lot while reporting to jury duty was an employee under the Act by the County that summoned him for service. Claimant parked his car and walked to report... Read More

MO: Commission Rejects "Illegal Alien" Defense
Posted on 22 Jul 2011 by Martin Klug

The employer argued that the claimant was not entitled to any benefits because she was an illegal alien. The claimant, 42, admits she was trying to "work out" her immigration status. She admitted crossing the Mexican border illegally 19 years... Read More

MO: Court Sanctions Employer For Seeking Injunctive Relief From Temporary Award
Posted on 11 Nov 2010 by Martin Klug

The western court of appeals recently sanctioned an employer $81,609 in attorney’s fees for making a constitutional challenge that it had a right to appeal a temporary award, contrary to a state rule and unfavorable precedent. The case is Motor... Read More

MO: 50% Safety Penalty to All Compensation for Climbing Ladder Improperly
Posted on 25 Jul 2011 by Martin Klug

The Commission affirmed a 2-1 award imposing a 50% safety penalty for a safety foreman who intentionally carried a 100-pound bag on a 40 foot ladder contrary to a company safety rule to require three-point contact while using a ladder. The claimant argued... Read More

MO: Commission Awards PTD for Depression, Reversing Findings of Temporary Award
Posted on 3 Aug 2011 by Martin Klug

MO: Commission Awards PTD for Depression, Reversing Findings of Temporary Award Claimant can no longer work due to depression, according to a Commission decision affirming a PTD award. Venable v St. Louis Bridge Co. , DOLIR 7-26-11. Claimant hurt... Read More

MO: Open Medical Still Awarded When Claimant Refused to Treat
Posted on 13 Dec 2010 by Martin Klug

A claimant who refuses to pursue recommended medical treatment or tests does not waive her right to future medical care in a final award, according to a recent Commission case Katherine Hunt v Daimler Chrysler , DOLIR 12-3-10, reversing the ALJ’s... Read More

MO: Personal Comfort Doctrine Allows Benefits For Making Coffee At Work
Posted on 24 Feb 2011 by Martin Klug

Missouri reform narrowed the definition of accident and left unresolved whether accidents arising out of activities that were not part of an employee’s direct job duties were still compensable. A hazard of employment may still arise under employment... Read More

MO: Slip at Work Becomes Slippery Slope for Employer
Posted on 5 Aug 2011 by Martin Klug

A 59-year old Dangerous Building Inspector was found unable to work as a result of a 2002 accident when his right foot became stuck in a hole, based on an 88-page opinion affirmed by the Commission. Pace v. St. Joseph , DOLIR 8-4-11. The claimant... Read More

MO: No Medical History? No Problem.
Posted on 30 Sep 2010 by Martin Klug

Medical records did not have to document a work injury to obtain disability benefits, according to the Missouri Court of Appeals in the case Daly v Powell Distributing , WD 71575, 71576 (Mo. App. 9-28-10). The court of appeals remanded claimant’s... Read More

MO: Fall Out Of Bed Defeats Causation
Posted on 13 Oct 2010 by Martin Klug

A company president tripped over a telephone cord at work but failed to prove her radius fractures arose from work and not from falling out of bed the following morning. The court in Bond v Site Line Surveying , WD 72142 (Mo. App. 10-12-10), agreed that... Read More

MO: Employer Owes for Heart Attack After Work-Related Arm Surgery
Posted on 8 Jul 2011 by Martin Klug

An employer owes for a heart attack after a work-related arm surgery, according to a recent Commission decision which modified a denial of benefits. The administrative law judge found the claimant failed to show work was the prevailing factor in light... Read More

MO: Commission Finds No Disability From a “Thick” Accent
Posted on 17 Jun 2011 by Martin Klug

Claimant is an immigrant who has lived in the United States for a decade but claimed that he was incapable of gainful employment, in part, because of his lack of English proficiency. He states his mental condition impaired his ability to become more fluent... Read More

  • Blog Post: MO: No Medical History? No Problem.

    Medical records did not have to document a work injury to obtain disability benefits, according to the Missouri Court of Appeals in the case Daly v Powell Distributing , WD 71575, 71576 (Mo. App. 9-28-10). The court of appeals remanded claimant’s two cases to re-address whether claimant was...
  • Blog Post: 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-related osteoarthritis did not combine with pre-existing...
  • Blog Post: MO: Fall Out Of Bed Defeats Causation

    A company president tripped over a telephone cord at work but failed to prove her radius fractures arose from work and not from falling out of bed the following morning. The court in Bond v Site Line Surveying , WD 72142 (Mo. App. 10-12-10), agreed that substantial evidence supported the Commission’s...
  • Blog Post: MO: Court Sanctions Employer For Seeking Injunctive Relief From Temporary Award

    The western court of appeals recently sanctioned an employer $81,609 in attorney’s fees for making a constitutional challenge that it had a right to appeal a temporary award, contrary to a state rule and unfavorable precedent. The case is Motor Control Specialties, Inc. And the Ohio Casualty Ins...
  • Blog Post: MO: Smoker Awarded PTD for Lung Disease

    The Commission awarded life-time benefits to a mechanic because of COPD and pleural fibrosis, caused by smoking cigarettes and working as a mechanic exposed to pipe insulation, smoke, dust and fumes for 32 years. Medical experts agreed that work and "many years" as a smoker both contributed...
  • Blog Post: MO: Open Medical Still Awarded When Claimant Refused to Treat

    A claimant who refuses to pursue recommended medical treatment or tests does not waive her right to future medical care in a final award, according to a recent Commission case Katherine Hunt v Daimler Chrysler , DOLIR 12-3-10, reversing the ALJ’s denial of future medical. The administrative law...
  • Blog Post: MO: Personal Comfort Doctrine Allows Benefits For Making Coffee At Work

    Missouri reform narrowed the definition of accident and left unresolved whether accidents arising out of activities that were not part of an employee’s direct job duties were still compensable. A hazard of employment may still arise under employment under the personal comfort doctrine, even if...
  • Blog Post: MO: Juror Reporting for Service Awarded Benefits

    The Commission in a case of first impression concluded that a prospective juror who fell on a parking lot while reporting to jury duty was an employee under the Act by the County that summoned him for service. Claimant parked his car and walked to report to jury duty when he fell. Claimant did not have...
  • Blog Post: MO: Chiropractor Awarded Benefits After Falling at Work

    Claimant is a chiropractor physician who maintains his office as the company owner, and states on a day the office was closed he fell from a six foot ladder while changing a light and injured both shoulders. Claimant stated that he didn’t want to give a work history because he didn’t want...
  • Blog Post: MO: Commission Finds No Disability From a “Thick” Accent

    Claimant is an immigrant who has lived in the United States for a decade but claimed that he was incapable of gainful employment, in part, because of his lack of English proficiency. He states his mental condition impaired his ability to become more fluent. The Administrative law judge found the assertions...
  • Blog Post: MO: Employer Owes for Heart Attack After Work-Related Arm Surgery

    An employer owes for a heart attack after a work-related arm surgery, according to a recent Commission decision which modified a denial of benefits. The administrative law judge found the claimant failed to show work was the prevailing factor in light of claimant's severe cardiovascular disease that...
  • Blog Post: MO: Commission Rejects "Illegal Alien" Defense

    The employer argued that the claimant was not entitled to any benefits because she was an illegal alien. The claimant, 42, admits she was trying to "work out" her immigration status. She admitted crossing the Mexican border illegally 19 years earlier and that she was not naturalized but denied...
  • Blog Post: MO: 50% Safety Penalty to All Compensation for Climbing Ladder Improperly

    The Commission affirmed a 2-1 award imposing a 50% safety penalty for a safety foreman who intentionally carried a 100-pound bag on a 40 foot ladder contrary to a company safety rule to require three-point contact while using a ladder. The claimant argued he didn't have the equipment to move the...
  • Blog Post: MO: Commission Awards PTD for Depression, Reversing Findings of Temporary Award

    MO: Commission Awards PTD for Depression, Reversing Findings of Temporary Award Claimant can no longer work due to depression, according to a Commission decision affirming a PTD award. Venable v St. Louis Bridge Co. , DOLIR 7-26-11. Claimant hurt his back and required a multi-level fusion. He had...
  • Blog Post: MO: Slip at Work Becomes Slippery Slope for Employer

    A 59-year old Dangerous Building Inspector was found unable to work as a result of a 2002 accident when his right foot became stuck in a hole, based on an 88-page opinion affirmed by the Commission. Pace v. St. Joseph , DOLIR 8-4-11. The claimant developed a cascade of problems following a knee...
  • Blog Post: MO: Cleaning Bathroom Doesn’t Render Claimant Totally Disabled

    Claimant alleged he choked and sustained a myocardial infarction from noxious fumes after he sprayed an apartment bathroom on one occasion to remove mold. The claimant's expert attributed claimant's symptoms to muriatic acid fumes. The Commission denied benefits in the claim against the second...