LexisNexis® Legal Newsroom
MO: No Medical History? No Problem.

Medical records did not have to document a work injury to obtain disability benefits, according to the Missouri Court of Appeals in the case Daly v Powell Distributing , WD 71575, 71576 (Mo. App. 9-28-10). The court of appeals remanded claimant’s two cases to re-address whether claimant was...

MO: Court Remands Permanent Total Claim for Arthritis

The Missouri court of appeals remanded an alleged permanent total claim against the Second Injury Fund based on a claim that two different types of arthritis synergistically combined. The Commission denied benefits and found that claimant’s work-related osteoarthritis did not combine with pre-existing...

MO: Fall Out Of Bed Defeats Causation

A company president tripped over a telephone cord at work but failed to prove her radius fractures arose from work and not from falling out of bed the following morning. The court in Bond v Site Line Surveying , WD 72142 (Mo. App. 10-12-10), agreed that substantial evidence supported the Commission’s...

MO: Court Sanctions Employer For Seeking Injunctive Relief From Temporary Award

The western court of appeals recently sanctioned an employer $81,609 in attorney’s fees for making a constitutional challenge that it had a right to appeal a temporary award, contrary to a state rule and unfavorable precedent. The case is Motor Control Specialties, Inc. And the Ohio Casualty Ins...