LexisNexis® Legal Newsroom
MO: Western District Announces 'Open Season' On Employers

Just when Missouri business was feeling good about things after comp reform, the court of appeals has now announced open season and allows claimants with occupational disease cases to go after their employers in circuit court instead of comp. State ex rel KCP&L Greater Mo. Operations Co. v Hon. Cook...

MO: Police Chief Awarded Disability For Wiping Car Window

A police chief who describes acute neck pain after wiping the inside window of his unmarked police car performed "integral" police work under Missouri law. Whiteley v City of Poplar Bluff , No. SD 31287 (Mo. App. Oct. 11, 2011), affirmed an award of medical and PPD benefits from the Commission...

MO: Police Chief Awarded Disability For Wiping Car Window

A police chief who describes acute neck pain after wiping the inside window of his unmarked police car performed "integral" police work under Missouri law. Whiteley v City of Poplar Bluff , No. SD 31287 (Mo. App. Oct. 11, 2011), affirmed an award of medical and PPD benefits from the Commission...

MO: Claimant Loses Permanent Total Claim When Her Vocational Expert Concedes She Can Be Trained As Cashier

The court of appeals rejected claimant's PTD claim against the second injury fund based on inconsistent opinions of her vocational expert. Carkeek v Treasurer of the State of Mo. , WD 73377 (Mo. App. Oct. 11, 2011) (Free Download), affirmed an award of PPD but a denial of PTD benefits awarded by...

MO: Claimant Loses Permanent Total Claim When Her Vocational Expert Concedes She Can Be Trained As Cashier

The court of appeals rejected claimant's PTD claim against the second injury fund based on inconsistent opinions of her vocational expert. Carkeek v Treasurer of the State of Mo. , WD 73377 (Mo. App. Oct. 11, 2011) (Free Download), affirmed an award of PPD but a denial of PTD benefits awarded by...

MO: Supreme Court to Address "Equal Exposure" Defense

When is an accident not compensable because an injured worker was equally exposed to the hazard or risk outside of and unrelated to the employment? The issue will now go to the Missouri Supreme Court, based on a recent transfer by the Eastern District in Sandy Johme v St. John's Mercy Healthcare...

MO: Supreme Court to Address "Equal Exposure" Defense

When is an accident not compensable because an injured worker was equally exposed to the hazard or risk outside of and unrelated to the employment? The issue will now go to the Missouri Supreme Court, based on a recent transfer by the Eastern District in Sandy Johme v St. John's Mercy Healthcare...

Missouri: Noxious Smoke and Fumes at Work Caused Myelomas

Noxious fumes and yellow smoke caused claimant's non-Hodgkin's lymphoma (multiple myelomas) and made him unemployable, according to a new decision from the Court of Appeals, which affirmed an award of PTD benefits. The award included safety penalties and past medical benefits for over $734...