Workers' Compensation

Recent Posts

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: Supreme Court to Decide if Second Injury Fund Must Pay for Minor Prior Medical Conditions
Posted on 18 Sep 2012 by Martin Klug

An employee injured in Missouri may be able to claim additional benefits from the Second Injury Fund (SIF) if the employee had a pre-existing disability that reaches a statutory minimum level of disability. The Commission claims in several recent cases... Read More

Missouri: Uninsured Employer Faces Wrongful Death Suit After Comp Settlement
Posted on 15 Jun 2012 by Martin Klug

An uninsured employer could be sued for wrongful death because claimant's worker's compensation settlement against a statutory employer was not an election of remedies, according to the Missouri Supreme Court in Lewis, etal, v. Gilmore, etal,... Read More

Missouri: Schoemehl Fix Doesn’t Stop Benefits for Surviving Spouses
Posted on 2 Aug 2012 by Martin Klug

The Supreme Court concludes an employer must keep paying comp benefits even after an injured worker dies from unrelated causes. Gervich v Condaire, No. SC 91727 (July 31, 2012), 2012 MO Lexis 162 . In June 26, 2008 the Missouri legislature limited... 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: Schoemehl Fix Doesn’t Stop Benefits for Surviving Spouses
Posted on 2 Aug 2012 by Martin Klug

The Supreme Court concludes an employer must keep paying comp benefits even after an injured worker dies from unrelated causes. Gervich v Condaire, No. SC 91727 (July 31, 2012), 2012 MO Lexis 162 . In June 26, 2008 the Missouri legislature limited... Read More

Missouri: Supreme Court to Decide if Second Injury Fund Must Pay for Minor Prior Medical Conditions
Posted on 18 Sep 2012 by Martin Klug

An employee injured in Missouri may be able to claim additional benefits from the Second Injury Fund (SIF) if the employee had a pre-existing disability that reaches a statutory minimum level of disability. The Commission claims in several recent cases... Read More

Missouri: Uninsured Employer Faces Wrongful Death Suit After Comp Settlement
Posted on 15 Jun 2012 by Martin Klug

An uninsured employer could be sued for wrongful death because claimant's worker's compensation settlement against a statutory employer was not an election of remedies, according to the Missouri Supreme Court in Lewis, etal, v. Gilmore, etal,... Read More