Missouri: Exclusive Remedy Does Not Apply to Occupational Disease Claims

Missouri: Exclusive Remedy Does Not Apply to Occupational Disease Claims

Agreeing with the appellate court for the state’s Western Division which, in a split decision, had held that the exclusivity provisions of § 287.120 RSMo do not apply to occupational disease claims [State ex rel. KCP & L Greater Mo. Operations Co. v. Cook, 353 S.W.3d 14 (Mo. App. W.D. 2011)], the Court of Appeals for the state’s Eastern District recently held that a trial court erred in dismissing a civil action filed against an employer—on exclusive remedy grounds—by workers who developed bronchiolitis obliterans, a severe respiratory disease associated with breathing the heated artificial butter flavoring used at the employer’s popcorn production facility. Noting that the dissent in KCP & L had raised “some compelling arguments,” the court indicated that it was convinced that the majority’s opinion was correct, that a plain reading of the 2005 amendments to Chapter 287 required a holding that the 2005 legislative revisions to the Workers' Compensation Law did not limit an employee's remedy for injuries resulting from a work-related occupational disease to the workers' compensation system. 

Reported by Thomas A. Robinson, J.D.

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See Amesquita v. Gilster-Mary Lee Corp., 2013 Mo. App. LEXIS 1031 (Sept. 10, 2013) [2013 Mo. App. LEXIS 1031 (Sept. 10, 2013)]

See generally Larson’s Workers’ Compensation Law, § 100.04 [100.04]

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.

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