Workers' Compensation

Recent Posts

Missouri: Split Supreme Court Awards Bills on Hypertensive Event
Posted on 7 Jul 2016 by Martin Klug

The Missouri Supreme Court reversed a denial of benefits in a divided 4-3 opinion and found there was sufficient evidence in an expert’s written report to find medical causation, despite the fact the ALJ, the Commission, and the Court of Appeals... Read More

Missouri: Arthritic Findings Defeat Causation on Shoulder Case
Posted on 23 Mar 2012 by Martin Klug

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

Missouri: Arthritic Findings Defeat Causation on Shoulder Case
Posted on 23 Mar 2012 by Martin Klug

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

Five Recent Cases You Should Know About (7/30/2010)
Posted on 31 Jul 2010 by Larson's Spotlight

Larson's Spotlight on Mental Injury, Attorney's Fees, Death Benefits, Intentional Tort, and Statute of Limitations. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More

MO: Death Found Work-Related Despite Other Cardiac Risks
Posted on 28 Jul 2010 by Martin Klug

An accident is compensable only when it is a prevailing factor. In Leake, dec. v City of Fulton , WD 71821 (7-27-10), claimant was a 20-year fire department captain who died from ventricular fibrillation on the scene immediately after a rescue. Both experts... Read More

MO: Court Rejects Prevailing Factor Defense to Total Knee Replacement
Posted on 16 Jun 2011 by Martin Klug

The problem: Claimant has a knee injury at work but a menisectomy won't fix it because of arthritis. Does the employer owe for the more complicated surgery of a total knee replacement? The answer: Yes, according to a new case from the Western District... Read More

MO: Employer Owes for Heart Attack After Work-Related Arm Surgery
Posted on 8 Jul 2011 by Martin Klug

An employer owes for a heart attack after a work-related arm surgery, according to a recent Commission decision which modified a denial of benefits. The administrative law judge found the claimant failed to show work was the prevailing factor in light... Read More