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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...

Missouri Second Injury Fund: Is It Time to Re-Define Disability?

No case highlights the financial crisis of Missouri’s second injury better than the recent case of Skirvin v Treasurer of State of Mo. WD 75441 (Mo. App. 2013), 2013 Mo App. Lexis 84 , which describes the Fund’s incapacity to pay millions of dollars in awarded benefits. One issue underlying...

Missouri Second Injury Fund: Is It Time to Re-Define Disability?

No case highlights the financial crisis of Missouri’s second injury better than the recent case of Skirvin v Treasurer of State of Mo. WD 75441 (Mo. App. 2013), 2013 Mo App. Lexis 84 , which describes the Fund’s incapacity to pay millions of dollars in awarded benefits. One issue underlying...

Missouri Second Injury Fund: Is It Time to Re-Define Disability?

No case highlights the financial crisis of Missouri’s second injury better than the recent case of Skirvin v Treasurer of State of Mo. WD 75441 (Mo. App. 2013), 2013 Mo App. Lexis 84 , which describes the Fund’s incapacity to pay millions of dollars in awarded benefits. One issue underlying...

Missouri: Hospital Sanctioned for Boiler-Plate Denial of Treatment

An employer owes attorney’s fees as a sanction for an unreasonable defense when it sent claimant a letter denying medical treatment without any explanation and never bothered to contact claimant before denying the claim, according to a recent Commission decision, Nouraie v Mo Baptist Hospital ...

Missouri: Lab Tech Proves a Work-Related Hep C Infection

What does the widow of a deceased hospital employee have to prove to make a submissible case when the claimant worked around blood during his career and many years later develops hepatitis? In a March 26 decision, Smith, dec. v Capital Region Medical , No. WD75078 (Mo Ct. App 2013), the court of appeals...

Missouri Supreme Court Allows V.A. to Intervene in Comp Cases

The Veteran’s Administration can now intervene in Missouri’s worker’s compensation cases to try to collect payment for medical services provided to veterans, even when an employer never authorized the care and no state rule allows it, according to a recent case from the Missouri Supreme...

Federal: 8th Circuit Says District Court in Missouri Erred in Finding FedEx Operators Were Employees as a Matter of Law

The 8th Circuit Court of Appeals reversed a decision by a federal district court in Missouri that had ruled, as a matter of law, that delivery operators working with/for FedEx were employees and not independent contractors. Plaintiffs were all former operators who alleged that they should have been treated...