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MO: Spouse Awarded Lifetime Benefits for PTD Claimant

A recent court of appeals case affirming a PTD award addressed two important issues: the impact of an application for unemployment benefits on TTD benefits and when a dependent spouse in a PTD case before 2008 may receive benefits even if a claimant dies from unrelated causes. Claimant underwent...

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...

Missouri: Golf Ball Ends Sheriff’s Career

While playing golf at a charity event, a stray golf ball struck claimant in the forehead. His employer terminated him about 6 months later. Claimant states he was disabled due to problems with tinnitus, poor balance, memory loss, severe and frequent headaches, insomnia, mood swings and depression. The...

Missouri: A "Working" Claimant is Not a Total (sometimes)

Claimant's capacity to return to work for 1 1/2 years after her back injury defeated her SIF claim that she was permanently and totally disabled. Her duties such as data entry, answering phones or monitoring suicidal patients were considered a ‘real job’ in the open labor market. Claimant...

Missouri: Appeals Court Remands Retaliation Claim by State Employees

State employees at the Missouri Department of Mental Health claimed they were harassed, intimidated, coerced and punished for pursuing worker's compensation cases and sought money and equitable relief. The circuit court found the plaintiffs could not pursue a discrimination claim under 287.780 because...

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 Pierces Corporate Veil for LLC Owners

Want to pierce the corporate veil? Go ahead, according to the Labor and Industrial Relations Commission in a 2-0 decision which found uninsured Missouri business owners operating out of their home personally liable for more than $72,000 for a claimant who fell from a ladder in 2008 while installing duct...

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...