LexisNexis® Legal Newsroom
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...

MO: Smoker Awarded PTD for Lung Disease

The Commission awarded life-time benefits to a mechanic because of COPD and pleural fibrosis, caused by smoking cigarettes and working as a mechanic exposed to pipe insulation, smoke, dust and fumes for 32 years. Medical experts agreed that work and "many years" as a smoker both contributed...

MO: Open Medical Still Awarded When Claimant Refused to Treat

A claimant who refuses to pursue recommended medical treatment or tests does not waive her right to future medical care in a final award, according to a recent Commission case Katherine Hunt v Daimler Chrysler , DOLIR 12-3-10, reversing the ALJ’s denial of future medical. The administrative law...

MO: Personal Comfort Doctrine Allows Benefits For Making Coffee At Work

Missouri reform narrowed the definition of accident and left unresolved whether accidents arising out of activities that were not part of an employee’s direct job duties were still compensable. A hazard of employment may still arise under employment under the personal comfort doctrine, even if...

MO: Juror Reporting for Service Awarded Benefits

The Commission in a case of first impression concluded that a prospective juror who fell on a parking lot while reporting to jury duty was an employee under the Act by the County that summoned him for service. Claimant parked his car and walked to report to jury duty when he fell. Claimant did not have...

MO: Chiropractor Awarded Benefits After Falling at Work

Claimant is a chiropractor physician who maintains his office as the company owner, and states on a day the office was closed he fell from a six foot ladder while changing a light and injured both shoulders. Claimant stated that he didn’t want to give a work history because he didn’t want...

MO: Commission Finds No Disability From a “Thick” Accent

Claimant is an immigrant who has lived in the United States for a decade but claimed that he was incapable of gainful employment, in part, because of his lack of English proficiency. He states his mental condition impaired his ability to become more fluent. The Administrative law judge found the assertions...

MO: Employer Owes for Heart Attack After Work-Related Arm Surgery

An employer owes for a heart attack after a work-related arm surgery, according to a recent Commission decision which modified a denial of benefits. The administrative law judge found the claimant failed to show work was the prevailing factor in light of claimant's severe cardiovascular disease that...

MO: Commission Rejects "Illegal Alien" Defense

The employer argued that the claimant was not entitled to any benefits because she was an illegal alien. The claimant, 42, admits she was trying to "work out" her immigration status. She admitted crossing the Mexican border illegally 19 years earlier and that she was not naturalized but denied...

MO: 50% Safety Penalty to All Compensation for Climbing Ladder Improperly

The Commission affirmed a 2-1 award imposing a 50% safety penalty for a safety foreman who intentionally carried a 100-pound bag on a 40 foot ladder contrary to a company safety rule to require three-point contact while using a ladder. The claimant argued he didn't have the equipment to move the...

MO: Commission Awards PTD for Depression, Reversing Findings of Temporary Award

MO: Commission Awards PTD for Depression, Reversing Findings of Temporary Award Claimant can no longer work due to depression, according to a Commission decision affirming a PTD award. Venable v St. Louis Bridge Co. , DOLIR 7-26-11. Claimant hurt his back and required a multi-level fusion. He had...

MO: Slip at Work Becomes Slippery Slope for Employer

A 59-year old Dangerous Building Inspector was found unable to work as a result of a 2002 accident when his right foot became stuck in a hole, based on an 88-page opinion affirmed by the Commission. Pace v. St. Joseph , DOLIR 8-4-11. The claimant developed a cascade of problems following a knee...

MO: Cleaning Bathroom Doesn’t Render Claimant Totally Disabled

Claimant alleged he choked and sustained a myocardial infarction from noxious fumes after he sprayed an apartment bathroom on one occasion to remove mold. The claimant's expert attributed claimant's symptoms to muriatic acid fumes. The Commission denied benefits in the claim against the second...

MO: Cloudy Mind Keeps Nurse From Working

A nurse can never work again according to the Commission, affirming an award of permanent and total disability and open medical for a 49 year old R.N. in Jordan v. St. John's Mercy Health Systems , DOLIR 8-11-11. The Commission modified her compensation rate. The claimant had a sporadic attendance...

Missouri: Court Keeps Civil Case Alive for Work-place Injury

The employer lost its summary judgment in a suit by an employee involving an injury at work based on a plain error review by the court of appeals. The claimant had a pending worker's compensation case which had not resolved whether claimant had an accidental injury. The court concluded summary judgment...

Missouri: Chasing Bad Guy Arises Out of Employment

A robber wearing a ski mask and carrying a box cutter demanded claimant turn over his employer's money. When the employer had only $1 on premises, the robber stole claimant's cell phone and fled. The robber dropped the cell phone but when claimant tried to pick it up he slipped and fell and hurt...

Missouri: Hair Dresser Killed at Salon Receives No Benefits

Claimant worked at a Kansas City, Missouri hair salon and cut hair. He was at home with his two small children in April 2009 when another hair dresser asked him to cover his appointments. When he arrived at the salon, an unknown robber shot him in the upper abdomen and the claimant died later the same...

Missouri: Arthritic Findings Defeat Causation on Shoulder Case

A claimant must demonstrate not only that he had an "accident" but also an "injury." An injury is not compensable unless the accident was the prevailing factor in both the medical condition and disability. Claimant had an "accident" at work in 2010 when his right shoulder...

Missouri: Storm Chasing Chief Awarded Benefits for Slipping at His Home

On a dark and stormy Sunday night, a police chief fell on his driveway while getting into his truck to drive into town and check for storms. His job duties involved storm spotting by finding the highest ground to see if he could spot a tornado or any storm damage. The employer and the employer's...

Missouri: No Benefits for Alleged Fume Exposure

Claimant lost his claim against the second injury fund when he failed to prove an accident that his alleged exposure to muriatic acid fumes caused a heart attack. Poarch v Treasurer of the State of Missouri , 2012 Mo. App. Lexis 592 (May 1, 2012). The court rejected an argument that the commission must...

Missouri: Commission Guts Benefits to Sex Assault Victim

When there is no other evidence on the issue of rate, the statutory minimum rate of $40 a week applies. The claimant has the burden to prove rate. Boilerplate pleading asserting the "maximum" rate on a claim did not entitle claimant to the statutory maximum rate, even when the employer was...

Missouri: Claimant Entitled to Pre-judgment Interest Against Second Injury Fund

A claimant may recover pre-judgment interest against the second injury fund under "liberal" construction for unpaid bills of an uninsured employer, according the western court of appeals, reversing the Commission which found interest owed only after an award. Eason v Treasurer of Mo., 2012...

MISSOURI TOP CASES, powered by Huck, Howe & Tobin (updated 1/23/2013)

These case summaries were written by Martin Klug at Huck, Howe & Tobin. If you're a lexis.com subscriber, click on the lexis.com links to access cases within your subscription plan. Note that expert commentary articles can be accessed for an additional fee on lexis.com . If you're not...