Agreeing with the appellate court for the state’s Western Division which, in a split decision, had held that the exclusivity provisions of § 287.120 RSMo do not apply to occupational disease claims [ State ex rel. KCP & L Greater Mo. Operations... Read More
There’s a new way to tap the Missouri second injury fund: bad parents. The Fund provides compensation when prior conditions combine with a new work accident. This rationale applies easily with contralateral orthopedic injuries because the injuries... Read More
Attention Lexis Online Subscribers: Case citations link to lexis.com. Bracketed case citations link to Lexis Advance. A 33 year old woman in Marion County hurt her back lifting a box of books, had back surgery and asserts she was unable to work due... Read More
Can a hospital worker recover benefits for hepatitis C without showing the disease was present in the hospital where he worked? Smith v Capital Region Medical Center , 2014 Mo. App. Lexis 1453 (lexis.com), 2014 Mo. App. Lexis 1453 (Lexis Advance) (December... Read More
A hotel housekeeper was bit by a German Shepherd when she opened a door. She claims she could never work again due to PTSD and other injuries. The Commission affirmed an award of partial disability benefits but rejected her claim of total disability.... Read More
What does a claimant have to prove for work-related stress when their job is inherently stressful? Mantia v MoDot, 2015 MoWCLR Lexis 39 (lexis.com), 2015 MoWCLR Lexis 39 (Lexis Advance) ( April 28, 2015) charts a much lower bar for claimants to receive... Read More
NCCI Analyzes State Differences in Diagnosis, Treatment of Joint Injuries . Businesses Consider Purchase of Active Shooter Insurance . Study Finds News Media Focuses on Criminal, Not Preventative Aspects of Opioid Abuse . CA: DWC Posts Changes... Read More
Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. Insurance Expert Warns ACA High Costs, Problems Could Push Workers Back... Read More
WCRI: Medical Prices Lower, Grew Slower in States With Medical Fee Schedules . OSHA Seeks Public Comment on Safety & Health Program Management Guidelines . US Dept. of Labor Proposes Rule to Update Implementation of EEOICPA . Documentary... Read More
Indicating that the case was one of first impression, a Missouri appellate court recently held that the commutation of death benefits for a surviving spouse who remarries after the award is to be computed using the “plain language” of the... Read More
WCRI Study Updates on Rising Hospital Costs in Workers Compensation . OR WCD Releases Full Report on 2014 WC Premium Rate Ranking . Study on Opioid Tolerance Could Help Pain Patients Stay on Lower Dosages . Study: Risk of Unintentional Overdose... Read More
The Commission affirmed a denial of an anti-drug policy defense to a permanent total claimant who appeared to have used cocaine shortly before the accident. Hertzing v Beck Motors , 2015 Mo WCLR Lexis 2 (lexis.com), 2015 Mo WCLR Lexis 2 (Lexis Advance... Read More
If a Missouri worker gets injured using a public toilet, does she get comp benefits? The answer is: at least some of the time, according to the latest report from the Commission in a case affirming benefits in a temporary award. Eberhard v G4S/Walkenhut... 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
EEOC Issues Final Rules on Employer Wellness Programs . AR: Governor Seeks End to State’s Death, PTD Fund . CA: Frederick Dietrich Honored With Lifetime Achievement Award . CA: Michael Gerson Honored With Lifetime Achievement Award . ... Read More