Workers' Compensation

Recent Posts

Missouri: Uninsured Employer Faces Wrongful Death Suit After Comp Settlement
Posted on 15 Jun 2012 by Martin Klug

An uninsured employer could be sued for wrongful death because claimant's worker's compensation settlement against a statutory employer was not an election of remedies, according to the Missouri Supreme Court in Lewis, etal, v. Gilmore, etal,... Read More

Missouri: Supreme Court Reverses Comp Benefits From Making Coffee
Posted on 31 May 2012 by Martin Klug

Claimant was injured in an office kitchen after making coffee and fell when she turned to put coffee grounds into the trash eventually resulting in surgery to her hip and pelvis. The Supreme Court in Johme v St. John's Mercy Healthcare, No. SC 92113... 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

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: Chasing Bad Guy Arises Out of Employment
Posted on 2 Mar 2012 by Martin Klug

A robber wearing a ski mask and carrying a box cutter demanded claimant turn over his employer's money. When the employer had only $1 on premises, the robber stole claimant's cell phone and fled. The robber dropped the cell phone but when claimant... Read More

MO: Supreme Court to Address "Equal Exposure" Defense
Posted on 26 Oct 2011 by Martin Klug

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... Read More

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

MO: Cloudy Mind Keeps Nurse From Working
Posted on 23 Aug 2011 by Martin Klug

A nurse can never work again according to the Commission, affirming an award of permanent and total disability and open medical for a 49 year old R.N. in Jordan v. St. John's Mercy Health Systems , DOLIR 8-11-11. The Commission modified her compensation... Read More

Missouri: No Death Benefits From Toe Fracture
Posted on 14 Feb 2012 by Martin Klug

Claimant died five years after he stubbed his toe while delivering pizzas. He fractured his toe and claims he also hurt his knee. The ALJ awarded death benefits. The parties disputed whether claimant's left knee symptoms, recurrent surgeries for a... Read More

Missouri: Commission Guts Benefits to Sex Assault Victim
Posted on 10 May 2012 by Martin Klug

When there is no other evidence on the issue of rate, the statutory minimum rate of $40 a week applies. The claimant has the burden to prove rate. Boilerplate pleading asserting the "maximum" rate on a claim did not entitle claimant to the statutory... Read More

Missouri: Golf Ball Ends Sheriff’s Career
Posted on 6 Dec 2011 by Martin Klug

While playing golf at a charity event, a stray golf ball struck claimant in the forehead. His employer terminated him about 6 months later. Claimant states he was disabled due to problems with tinnitus, poor balance, memory loss, severe and frequent headaches... Read More

MO: Claimant Loses Permanent Total Claim When Her Vocational Expert Concedes She Can Be Trained As Cashier
Posted on 20 Oct 2011 by Martin Klug

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... Read More

Missouri: Claimant's Pain Complaints Support PTD Award
Posted on 6 Jun 2012 by Martin Klug

A claimant who states he hurts too much to work can collect PTD benefits, even though an FCE based on "objective" findings concludes he can work in the open labor market. The court of appeals recently affirmed a Commission award of PTD against... Read More

MO: “Special Errand” Costs Employer in Cross-Over Accident
Posted on 16 Nov 2011 by Martin Klug

An employee acts in the course of her employment during an accident when she commutes on a regular route on a regular work day under a "special errand" exception to the going and coming rule. Defendant drove across a slick road in Cass... Read More

Missouri: Court Rejects Co-employee Liability in Wrongful Death Claim
Posted on 3 Jul 2012 by Martin Klug

Many Missouri employees have been dragged in court recently regarding workplace injuries following a landmark 2010 case Robinson v Hooker , 323 S.W.3d 418 (Mo. App. W.D. 2010), which concluded the exclusive remedy of the Missouri workers’ compensation... Read More

  • Blog Post: MO: Cloudy Mind Keeps Nurse From Working

    A nurse can never work again according to the Commission, affirming an award of permanent and total disability and open medical for a 49 year old R.N. in Jordan v. St. John's Mercy Health Systems , DOLIR 8-11-11. The Commission modified her compensation rate. The claimant had a sporadic attendance...
  • Blog Post: 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 award of medical and PPD benefits from the Commission...
  • Blog Post: 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 of PPD but a denial of PTD benefits awarded by...
  • Blog Post: 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 in Sandy Johme v St. John's Mercy Healthcare...
  • 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...