Workers' Compensation

Recent Posts

MO: Commission Thwarts Statutory Reform For 'Objective' Findings
Posted on 22 Nov 2011 by Martin Klug

Statutory reform in Missouri requires that objective findings trump conflicting subjective findings. When a doctor concludes claimant can work based on FCE results but claimant state he can't, does the FCE "objective" findings control? ... 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

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

Missouri: Hair Dresser Killed at Salon Receives No Benefits
Posted on 21 Mar 2012 by Martin Klug

Claimant worked at a Kansas City, Missouri hair salon and cut hair. He was at home with his two small children in April 2009 when another hair dresser asked him to cover his appointments. When he arrived at the salon, an unknown robber shot him in the... 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

Missouri: Noxious Smoke and Fumes at Work Caused Myelomas
Posted on 22 Mar 2012 by Martin Klug

Noxious fumes and yellow smoke caused claimant's non-Hodgkin's lymphoma (multiple myelomas) and made him unemployable, according to a new decision from the Court of Appeals, which affirmed an award of PTD benefits. The award included safety... 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

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

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 County... Read More

Missouri: Reaction to Flu Vaccine Is a "Comp" Injury
Posted on 20 Dec 2011 by Martin Klug

A health-care worker who had a severe reaction to a flu shot in 2005 could collect worker’s compensation benefits even though the shot was not mandatory and not an “accident” as a matter of law. The employer did not require employees... 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: Knee Injury Produces Dire “Natural” Consequences
Posted on 24 May 2012 by Martin Klug

After claimant returned to work to unrestricted duty following a knee surgery he reported multiple additional accidents from falling and each new claim added different body parts. The employer argued the second injury fund was liable for a PTD claim due... Read More