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

Arbitrator Rules For Kansas City Chiefs: Players Must Pursue Workers’ Comp in Missouri, Not California
Posted on 1 Mar 2012 by LexisNexis Workers' Comp Law Newsroom Staff

Former Kansas City Chiefs football players cannot seek California workers' compensation benefits under the rationale that their cumulative injuries occurred in various cities and states. Numerous injured NFL players have filed workers' compensation... 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: Wrongful Death Suit Allowed for Teen Killed on Job
Posted on 13 Sep 2012 by Martin Klug

An 18-year old girl was working as a cashier for Dollar General in Campbell, Missouri when her boyfriend entered the store with a rifle, he fatally shot her and then killed himself. The employer claimed her accident arose out of her employment because... Read More

Missouri: Court Dilutes Claimant’s Drug Cocktail
Posted on 15 Nov 2012 by Martin Klug

The Missouri court of appeals affirmed a decision to dilute a drug cocktail, but the decision came with a twist with a warning about attorney’s fees. In Noel v ABB Combustion Engineering , ED 98446 (Mo. App. 11-13-2012) the injured worker obtained... Read More

Missouri: Employer Penalized for Lapses in Prescription Payments
Posted on 16 Mar 2012 by Martin Klug

The employer’s failure to provide medical treatment for several months did not waive its right to designate a medical provider, according to the Commission, which rejected an argument that 287.140 allowed prospective waiver to designate medical... 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: Smoking Pot May Support Disability Claim
Posted on 28 Nov 2012 by Martin Klug

The commission reversed a denial of benefits and awarded permanent total benefits against the Second Injury Fund and noted that a prior habit of smoking pot daily for twenty years might be regarded as a hindrance or obstacle to employment. Mandina v Glass... 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: 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

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