Workers' Compensation

Recent Posts

MO: Western District Announces 'Open Season' On Employers
Posted on 15 Sep 2011 by Martin Klug

Just when Missouri business was feeling good about things after comp reform, the court of appeals has now announced open season and allows claimants with occupational disease cases to go after their employers in circuit court instead of comp. State ex... 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

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: 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: 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: Appeals Court Remands Retaliation Claim by State Employees
Posted on 13 Apr 2012 by Martin Klug

State employees at the Missouri Department of Mental Health claimed they were harassed, intimidated, coerced and punished for pursuing worker's compensation cases and sought money and equitable relief. The circuit court found the plaintiffs could... Read More

MO: Is falling on the employer’s lot in the morning enough to obtain benefits?
Posted on 4 Nov 2011 by Martin Klug

The recent Commission case Lantie Wilson v Buchanan County , Oct. 14, 2011, 2011 Mo WCLR Lexis 206, involved a claimant who fell on the employer's lot reporting to work. The Commission affirmed an award of benefits and concluded that there was no... 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: Appeals Court Remands Retaliation Claim by State Employees
Posted on 13 Apr 2012 by Martin Klug

State employees at the Missouri Department of Mental Health claimed they were harassed, intimidated, coerced and punished for pursuing worker's compensation cases and sought money and equitable relief. The circuit court found the plaintiffs could... 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

MO: Western District Announces 'Open Season' On Employers
Posted on 15 Sep 2011 by Martin Klug

Just when Missouri business was feeling good about things after comp reform, the court of appeals has now announced open season and allows claimants with occupational disease cases to go after their employers in circuit court instead of comp. State ex... Read More

MO: Spouse Awarded Lifetime Benefits for PTD Claimant
Posted on 24 Sep 2010 by Martin Klug

A recent court of appeals case affirming a PTD award addressed two important issues: the impact of an application for unemployment benefits on TTD benefits and when a dependent spouse in a PTD case before 2008 may receive benefits even if a claimant dies... 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