Workers' Compensation

Recent Posts

Missouri: Commission Exceeded Authority in Ordering Subrogation Payment
Posted on 10 Apr 2015 by Larson's Spotlight

A Missouri appellate court held that the state’s Industrial Relations Commission’s power to order an employee (and his spouse) to repay some $41,000 in medical benefits following the successful settlement of a third-party civil action for... Read More

Missouri: No 15% Penalty For Employment Discrimination
Posted on 17 Feb 2015 by Martin Klug

Missouri compensation allows a 15% enhancement of statutory comp benefits when the employer fails to comply with state law and the injury is caused by the failure. Although most cases invoke 287.120.4 (Lexis Advance), 287.120.4 (lexis.com) for failure... Read More

Missouri: Court Compels Commission To Approve Settlement
Posted on 9 Jul 2014 by Martin Klug

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... Read More

Missouri: Court Finds Denial of Treatment While Carrier Investigates Comp Claim
Posted on 17 Jan 2014 by Martin Klug

An employer has an obligation to provide medical treatment for a work-related injury when it received a request for care even if the employer has not finished its investigation, according to the recent court of appeals case, Downing v. McDonald's... Read More

Missouri: Claimant May Be Awarded TTD Benefits Even After Maximum Medical Improvement
Posted on 2 Jan 2016 by Larson's Spotlight

Indicating that it was “not eliminating the concept of maximum medical improvement from the workers’ compensation lexicon,” the Supreme Court of Missouri held that while It was plausible, and likely probable, that the MMI date and the... Read More

Missouri: Court Takes Away a Subrogation Credit
Posted on 10 Apr 2015 by Martin Klug

The Commission went too far to resolve a subrogation dispute after a third party settlement and violated due process of the claimant’s spouse when she was not a party to the comp claim. Graham v. Latco Contractors , 2015 MO App. Lexis 379 (lexis... Read More

Missouri: Court Weakens 'Equal Exposure' Defense In a New Parking Lot Case
Posted on 3 Nov 2014 by Martin Klug

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... Read More