Workers' Compensation

Recent Posts

Missouri: Exclusive Remedy Does Not Apply to Occupational Disease Claims
Posted on 27 Sep 2013 by Larson's Spotlight

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

Missouri: Dysfunction Junction, What's Your Function?
Posted on 25 Sep 2014 by Martin Klug

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

Missouri: Young Woman Who Won’t Quit Smoking Awarded Permanent Total
Posted on 11 Sep 2013 by Martin Klug

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

Missouri: Court Affirms Death Benefits for Hep C Exposure
Posted on 31 Dec 2014 by Martin Klug

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

Missouri: Court Rejects PTSD Award for a Dog Bite
Posted on 26 Jan 2016 by Martin Klug

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

Missouri Lowers Burden for Mental Stress Claims
Posted on 1 May 2015 by Martin Klug

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

Missouri: Appeals Court Construes “Remarriage” Penalty for Death Benefits Claims
Posted on 6 Sep 2013 by Larson's Spotlight

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

National and State-by-State Workers' Comp News Powered by Larson's (3/2/2015)
Posted on 2 Mar 2015 by LexisNexis Workers' Comp Law Newsroom Staff

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

Missouri Skips the Light Fandango Denying Comp Drug Penalty
Posted on 21 Jan 2015 by Martin Klug

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

Missouri: Toilet Dispenser Attacks Worker
Posted on 16 Jan 2015 by Martin Klug

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

MISSOURI TOP CASES, powered by Huck, Howe & Tobin (updated 1/23/2013)
Posted on 24 Jan 2013 by Martin Klug

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