Missouri: No Comp Benefits For a Prosecutor's Ordinary Stress

A state prosecutor worked for nine years at Jackson County and claims working too hard made him depressed, impaired his ability to concentrate and rendered him unemployable.  Kersten v Jackson County, 2015 Mo WCLR Lexis 19 (lexis.com), 2015 Mo WCLR Lexis 19 (Lexis Advance) (March 5, 2015). 

Jackson County reduced his duties as an accommodation following stressors at home involving family illness.  Ultimately, Jackson County fired him.

Claimant alleged he remains in his bedroom most of the day and that he doesn't answer phones or watch television because loud noise startles him.  Claimant was diagnosed with major depression and alcohol disorder and his expert felt he was unemployable in the open labor market.  A different expert felt claimant's work experiences were not the prevailing factor in his condition.

§ 287.120.8 (lexis.com), § 287.120.8 (Lexis Advance) provides "Mental injury resulting from work-related stress does not arise out of and in the course of the employment, unless it is demonstrated that the stress is work related and was extraordinary and unusual. The amount of work stress shall be measured by objective standards and actual events."

Claimant failed to demonstrate extraordinary stress or that his workload or the type of cases were materially different than other prosecutors.  The ALJ found since rule 13 clerks were able to handle his assignments that none of the cases could be properly described as extraordinary.  The ALJ found neither expert highly persuasive and found their conclusions "predictable" based on their "noted biases."

Source: Martin Klug, Huck, Howe & Tobin. Read Martin Klug’s Mo. Workers’ Comp Alerts.

For more information about LexisNexis products and solutions connect with us through our corporate site