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 23,...
A special provision in the Missouri Act that provides for an additional amount of compensation equal to 300 percent of the state’s average weekly wage for 200 weeks if the employer has elected to accept liability for mesothelioma did not apply to the claim...
In spite of what the Missouri appellate court said was a “poorly written” opinion by an ALJ (adopted and incorporated by the state’s Labor & Industrial Relations Commission), a state appellate court panel held there was still more than sufficient...
The Missouri Labor and Industrial Relations Commission has broad discretion in considering and receiving expert medical evidence, held a state appellate court. That discretion is in fact so broad that it was empowered to accept the opinion of an audiologist (who...
An employer was not entitled to a reduction in a workers’ compensation award on the basis that an employee had failed to use safety devices (seat belts and a safety hat) provided by the employer [see Mo. Rev. Stat. § 287.120.5] because the employer had...
DOL Announces Adjustment of Civil Penalty Fines . CA: DWC Accepting Applications for QME Examination on Oct. 29 . CA: WCIRB President’s Message About 2016 Achievements, Plans Ahead . CA: Class Action Says WC System Has Bias Against Women . HI: State...
Comp Insurance Profitable, At Least For the Moment . CA: DWC Posts Interim Report on Evidence-Based Comp Drug Formulary . CA: WCIRB Submits 1/1/2017 Regulatory Filing . CA: WCIRB Releases Report on 2015 Losses and Expenses . CA: Settlement May Net Lyft...
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 found the...
The Missouri Labor and Industrial Relations Commission denied benefits to a claimant who burned himself after he intentionally lit a can of industrial adhesive on fire to startle to a co-worker. The claimant lapsed into a coma as a result of his injuries and woke...
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 . CA: Joseph V...
WCRI Publishes New Study on Ambulatory Surgery Centers . FDA Issues Three New Draft Guidances for Compound Drugs . EEOC Issues New Guidance on Employer-Provided Leave, ADA . AK: WCB Discusses Budget, HB 214 Workers Comp Appeals Commission . AZ: ICA to Hold...
The Commission capped attorney’s fees on a death case and found a contract for a 25% contingency fee was not fair and reasonable. Bynum, dec. v Bynum et al, 2016 MO WCLR Lexis 29 (May 3 2016) (Lexis Advance), 2016 MO WCLR Lexis 29 (May 3 2016) (lexis.com...
Senators Slam Obama Directive for Sick U.S. Nuclear Workers . AK: WCD Posts Director’s Interpretation on Issues Impacting Medical Fee Schedule . AZ: Governor Signs SB 1323 Pro Se Vexatious Litigant . CA: WCAB Chairman Ronnie Caplane to Retire From State...
An administrative assistant in 2012 was leaving work, stepped off of a ramp onto a sidewalk on the employer’s property on the way to her car and injured her ankle. The court of appeals affirmed an award of benefits and found that the accident arose out of...
When, during a deposition related to claimant’s workers’ compensation claim, a representative of the employer indicated that it had conducted no surveillance activities of the claimant, the employer was under an obligation to supplement that answer...