LexisNexis® Legal Newsroom
MO: Personal Comfort Doctrine Allows Benefits For Making Coffee At Work

Missouri reform narrowed the definition of accident and left unresolved whether accidents arising out of activities that were not part of an employee’s direct job duties were still compensable. A hazard of employment may still arise under employment under the personal comfort doctrine, even if...

MO: Chiropractor Awarded Benefits After Falling at Work

Claimant is a chiropractor physician who maintains his office as the company owner, and states on a day the office was closed he fell from a six foot ladder while changing a light and injured both shoulders. Claimant stated that he didn’t want to give a work history because he didn’t want...

MO: Cleaning Bathroom Doesn’t Render Claimant Totally Disabled

Claimant alleged he choked and sustained a myocardial infarction from noxious fumes after he sprayed an apartment bathroom on one occasion to remove mold. The claimant's expert attributed claimant's symptoms to muriatic acid fumes. The Commission denied benefits in the claim against the second...

MO: Police Chief Awarded Disability For Wiping Car Window

A police chief who describes acute neck pain after wiping the inside window of his unmarked police car performed "integral" police work under Missouri law. Whiteley v City of Poplar Bluff , No. SD 31287 (Mo. App. Oct. 11, 2011), affirmed an award of medical and PPD benefits from the Commission...

MO: Police Chief Awarded Disability For Wiping Car Window

A police chief who describes acute neck pain after wiping the inside window of his unmarked police car performed "integral" police work under Missouri law. Whiteley v City of Poplar Bluff , No. SD 31287 (Mo. App. Oct. 11, 2011), affirmed an award of medical and PPD benefits from the Commission...

Missouri: No Disability for Hunting Trip Accident

Claimant sustained catastrophic injuries from a single car pre-dawn accident in 2008 on a gravel country road when his car went off the road. The parties stipulated that the 30-year old claimant was unemployable but disputed whether his accident arose from his employment when he was found early on a...

The Defense of Intentional Self-Injury: Russian Roulette, Workplace Frustration, Accidental Drug Overdose, and More

Rashness Versus Intention in Self-Injury Cases In a few cases, attempts have been made to invoke the intentional self-injury defense when, although the workers obviously did not really intend to harm themselves, their conduct was so rash that the defendants attempted to argue that it was the equivalent...

Missouri: Arthritic Findings Defeat Causation on Shoulder Case

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" at work in 2010 when his right shoulder...

Missouri: Storm Chasing Chief Awarded Benefits for Slipping at His Home

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 storm damage. The employer and the employer's...

Missouri: No Benefits for Alleged Fume Exposure

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 court rejected an argument that the commission must...

Missouri: Benefits Denied For a Train Inspector Who Fell From a Rail Car

A 58-year old train inspector fell more than 20 feet from the top of a rail car resulting in injuries to his back and shoulder. He failed to establish he had an accident to pursue a PTD claim against the second injury fund because he "unfortunately" had no idea how his fall occurred. Gleason...

Missouri: Court Affirms Worker Had "Unusual" Strain From Routine Activities

A worker in his 50s tore three tendons in his right shoulder in 2009 after he lifted himself about two feet into his truck. In a 9-2 decision, the majority of the Western District as a matter of first impression found under the new Act claimant established he had an “accident” even though...

Ohio: Worker’s Intentional Tort Action Against Employer Fails

An Ohio appellate court agreed with a trial court that an employer could not be held liable, under an intentional tort theory, for serious injuries sustained by an employee who suffered amputation of both legs when two bundles of steel, each weighing over 5,000 pounds, fell on his legs and trapped him...

Louisiana: High Court Says Noise-Induced Hearing Loss Falls “Squarely” Within Parameters of State Comp Act

In a split decision, the Supreme Court of Louisiana held that occupational noise-induced hearing loss (“NIHL”) fell squarely within the parameters of the state’s Workers’ Compensation Act (LWCA), either the pre–1990 definition of “accident” or the post–1975...

Arizona: City Auditor’s Injuries in Auto Accident Barred by Going and Coming Rule

A city auditor, who was involved in an automobile accident as she traveled home at the end of the day after completing a business errand did not sustain injuries arising out of and in the course of her employment, held an Arizona appellate court. The going and coming rule barred her claim for workers’...

Virginia: Failure to Follow Physician’s Cautionary Statement Made 19 Years Before Accident No Bar to Recovery

Reversing a decision of the state’s Workers’ Compensation Commission, a Virginia appellate court held that a physician’s instruction, following a 1995 work-related knee injury, that the worker should avoid walking on uneven ground, was not sufficiently specific to justify denial of...