LexisNexis® Legal Newsroom
Missouri: Wife Loses Dependency Benefits Due to Bigamy Defense

The case involves a fight between a worker's father and the worker's spouse over nearly $100,000. Ard, dec. v Jim Plunkett Inc. 2015 MO WCLR Lexis 101 (lexis.com), 2015 MO WCLR Lexis 101 (Lexis Advance) (Oct 22, 2015). The worker broke multiple bones in Oct. 2010 in Kansas City when he moved...

National and State-by-State Workers' Comp News Powered by Larson's (11/2/2015)

Latest Map of Uninsured in America Shows Lack of Health Insurance in the South . Survey of Occupational Injuries, Illnesses Shows Nearly 3 Million Workplace Injuries in 2014 . EEOC Proposes Allowing Genetic Information for Voluntary Workplace Wellness Programs . Congressional Blog Warns of Injured...

Missouri: Commission Finds Conversion Disorder Flows From Carpal Tunnel

The commission affirmed an award of permanent and total disability benefits to a 38-year old woman who she states after a carpal tunnel surgery she was unable to use her arms or legs. Law-Clark v McCleod , 2015 Mo WCLR Lexis 105 (Nov. 6, 2015). Shortly after she had carpal tunnel surgery, she began...

Missouri: Injuries Sustained When Lunchroom Chair Collapsed Are Compensable

A Missouri appellate court affirmed an award of permanent total disability benefits against the state’s Second Injury Fund where claimant’s lunchroom chair collapsed as he sat eating lunch. The claimant injured his low back and developed intense pain in his low back and leg. The Second Injury...

National and State-by-State Workers' Comp News Powered by Larson's (11/23/2015)

WCRI: Medical Prices Lower, Grew Slower in States With Medical Fee Schedules . OSHA Seeks Public Comment on Safety & Health Program Management Guidelines . US Dept. of Labor Proposes Rule to Update Implementation of EEOICPA . Documentary Film Made of Temp Worker Killed in Tragic Accident...

Missouri: Attorney Wins $700K in Medical Bills on “Modified” Award

The claimant hurt his back in 2011 when he moved a 100-pound bag of sugar onto a pallet. The commission modified a finding that claimant not only strained his back, but hurt his prior degenerative spine, and increased the award more than $700,000. Valdez v Gilster Mary Lee, 2015 MO WCLR Lexis 110 (Nov...

Missouri: Court Awards Total Benefits for Woman Trapped in Elevator

A 61-year old woman walks into an elevator at work. The scenario may start to sound like a joke. She works in customer service on the 5th floor in the employer’s building in Greene County, Missouri. The elevator falls a flight, and she isn’t rescued for an hour later. It isn’t exactly...

National and State-by-State Workers' Comp News Powered by Larson's (11/30/2015)

NCOIL Commits to Investigate “Opt-Out” Workers’ Comp, Stand Up to Federal Intervention . Third Circuit Rules Temp Workers Can Sue for Bias in Workplace . Telecommuting Challenges How to Measure, Regulate and Compensate Work . Telecommuting Could Change What Qualifies as “Work”...

National and State-by-State Workers' Comp News Powered by Larson's (12/7/2015)

NCCI Analyzes State Differences in Diagnosis, Treatment of Joint Injuries . Businesses Consider Purchase of Active Shooter Insurance . Study Finds News Media Focuses on Criminal, Not Preventative Aspects of Opioid Abuse . CA: DWC Posts Changes to OMFS (Physician Services/Non-Physician Practitioner...

Missouri Supreme Court Rejects MMI as Bright Line Test to Award TTD

Cases that hold maximum medical improvement (MMI) as a bright line test to end all TTD “should no longer be followed,” according to the Missouri Supreme Court in Greer v Sysco Food Services , SC 94724 (Mo. 2015) 2015 MO Lexis 248 (Lexis Advance), 2015 MO Lexis 248 (lexis.com). The case...

Missouri: Lack of 92 Cents in Postage Dooms Claimant’s Notice of Appeal

Where delivery of an envelope containing claimant’s notice of appeal was refused by the U.S. Postal Service because of insufficient postage and the envelope was returned to claimant who then re-mailed the envelope and its contents to the Commission—this time with sufficient postage—and...

National and State-by-State Workers' Comp News Powered by Larson's (12/14/2015)

ProPublica Investigates Tyson Foods’ Push for Workers Comp Changes . Former Security Guards at US Nuclear Weapons Complex Decry Lack of EEOIC Benefits . CDC Publishes 2011 Life Tables . Brookings Publishes Policy Brief on Modernizing Labor Laws for “Independent Workers .” ...

Missouri: Claimant May Be Awarded TTD Benefits Even After Maximum Medical Improvement

Indicating that it was “not eliminating the concept of maximum medical improvement from the workers’ compensation lexicon,” the Supreme Court of Missouri held that while It was plausible, and likely probable, that the MMI date and the end of the rehabilitative process would coincide...

National and State-by-State Workers' Comp News Powered by Larson's (1/11/2016)

Doctor’s Union Challenges Medical Management Companies, Outsourcing . US DOL Reports US Mining Deaths Dropped to New Lows in 2015 . AIG Invests in Wearable Devices to Promote Workplace Safety . 91 Percent of Patients Overdosing on Opioids Continued to Get Painkiller Prescriptions . ...

Missouri: Court Rejects PTSD Award for a Dog Bite

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. Mujanic v Holiday Inn St. Louis South , 2016 MO WCLR...

National and State-by-State Workers' Comp News Powered by Larson's (2/1/2016)

Lyft Settles Calif. Lawsuit for $12.5M, Drivers Still Not Classified as Employees . Price Wars Between Insurers and Drug Companies Impact Patients’ Healthcare . AMA Recommends Changes to CDC’s Proposed Opioid Prescription Policy . AK: WCD Posts Filing Requirements for Annual Reports...

Missouri: Post-Deposition Surveillance Video Could Not Be Introduced Into Evidence

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 when it subsequently hired a private investigator...

Missouri: Court Awards Benefits for Slip from Sidewalk

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 her employment. Lincoln University v. Kathy...

National and State-by-State Workers' Comp News Powered by Larson's (4/18/2016)

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 Service . CA: Supreme Court Grants...

Missouri: Commission Caps Fees in an Undisputed Death Case

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) involved a claimant who had a severe...

National and State-by-State Workers' Comp News Powered by Larson's (5/23/2016)

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. Capurro Honored With Applicants’...

Missouri: Prankster Denied Workers’ Comp Benefits After Starting Fire at Work

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 up in the hospital with no memory of...

Missouri: Split Supreme Court Awards Bills on Hypertensive Event

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 specific opinion about causation to be...

National and State-by-State Workers' Comp News Powered by Larson's (7/11/2016)

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 Drivers $27 Million . FL: NCCI Recommends...

National and State-by-State Workers' Comp News Powered by Larson's (7/18/2016)

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 Sees Significant Increases in WC...