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

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: Commission Expands Claims Against Fund
Posted on 20 Dec 2011 by Martin Klug

An employee may collect benefits from the second injury fund, even though the underlying medical condition considered by itself may not qualify for the minimum statutory threshold. The Commission now clarifies what it perceives as a common “misperception”... 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: 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

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

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: Commission Expands Claims Against Fund
Posted on 20 Dec 2011 by Martin Klug

An employee may collect benefits from the second injury fund, even though the underlying medical condition considered by itself may not qualify for the minimum statutory threshold. The Commission now clarifies what it perceives as a common “misperception”... 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

MO: Toxic Exposure From Fumes Hanging In Air
Posted on 4 Nov 2011 by Martin Klug

Claimant worked 10 years in Jasper County making components for battery cells and developed a rare cancer, IgA myeloma. As a result of either the condition or the stem cell transplant and chemotherapy, he required treatment for about 5 years for kidney... 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