The employer lost its summary judgment in a suit by an employee involving an injury at work based on a plain error review by the court of appeals. The claimant had a pending worker's compensation case which had not resolved whether claimant had an... Read More

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

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

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

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

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

These case summaries were written by Martin Klug at Huck, Howe & Tobin. If you're a lexis.com subscriber, click on the lexis.com links to access cases within your subscription plan. Note that expert commentary articles can be accessed for... Read More

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

A claimant may recover pre-judgment interest against the second injury fund under "liberal" construction for unpaid bills of an uninsured employer, according the western court of appeals, reversing the Commission which found interest owed only... Read More

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

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

The employer lost its summary judgment in a suit by an employee involving an injury at work based on a plain error review by the court of appeals. The claimant had a pending worker's compensation case which had not resolved whether claimant had an... Read More

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

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

A claimant may recover pre-judgment interest against the second injury fund under "liberal" construction for unpaid bills of an uninsured employer, according the western court of appeals, reversing the Commission which found interest owed only... Read More