Missouri: No Benefits for Unexplained Fall

Missouri: No Benefits for Unexplained Fall

An 85-year old employee fell after washing her hands in the employer's bathroom and broke her hip. The Commission denied benefits that claimant established her injury flowed from an identifiable work hazard. Porter v RPCS Inc., 2012 Mo WCLR Lexis 206 (December 7, 2012).

Claimant must establish a risk or hazard associated with her injury, and she failed to meet this burden. The accident did not have a witness, and no one identified any wet or slippery surfaces. The claimant lacked the mental acumen to recall how she fell, if she fell, or even identify her attorney sitting in front of her. The Commission rejected application of a res ipsa argument or various theories that the premises was “unusually treacherous”. Claimant's grandson, who lived with the claimant, stated before she had the accident she was always mentally and physically spry.

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

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