LexisNexis® Legal Newsroom
MO: Death Found Work-Related Despite Other Cardiac Risks

An accident is compensable only when it is a prevailing factor. In Leake, dec. v City of Fulton , WD 71821 (7-27-10), claimant was a 20-year fire department captain who died from ventricular fibrillation on the scene immediately after a rescue. Both experts agreed that claimant's prior cardiac condition...

Five Recent Cases You Should Know About (7/30/2010)

Larson's Spotlight on Mental Injury, Attorney's Fees, Death Benefits, Intentional Tort, and Statute of Limitations. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled...

MO: Court Rejects Prevailing Factor Defense to Total Knee Replacement

The problem: Claimant has a knee injury at work but a menisectomy won't fix it because of arthritis. Does the employer owe for the more complicated surgery of a total knee replacement? The answer: Yes, according to a new case from the Western District. The case is Tillotson v St. Joseph Medical Center...

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...

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: Split Supreme Court Awards Bills on Hypertensive Event

The Missouri Supreme Court reversed a denial of benefits in a divided 4-3 opinion and found there was sufficient evidence in an expert’s written report to find medical causation, despite the fact the ALJ, the Commission, and the Court of Appeals found the specific opinion about causation to be...