Unemployment Compensation: Notice Of Appeal – Timeliness 
Williams v. United Healthcare Services, Inc. (MLW No. 61160/Case No. ED95017 – 2 pages) (Missouri Court of Appeals, Eastern District, Richter, C.J.)
Social Security: Denial Of Benefits – Intellectual Functioning – Severe Impairment
Gragg v. Astrue (MLW No. 61015/Case No. 09-3238 – 16 pages) (U.S. Court of Appeals, 8th Circuit, Webber, J.)
ERISA: Residual Disability Benefits – Amount Of Payments – Overtime
Khoury v. Group Health Plan, Inc. (MLW No. 61009/Case No. 09-3276 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Riley, C.J.)
ERISA: Long-Term Disability – Offsetting Benefits – Veteran’s Benefits
Jones v. ReliaStar Life Insurance Company (MLW No. 61012/Case No. 09-1719 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.)
ERISA: Long-Term Disability – Denial Of Benefits – Attorney’s Fees
Rote v. Titan Tire Corporation (MLW No. 60981/Case No. 09-2510/289 – 8 pages) (U.S. Court of Appeals, 8th Circuit, per curiam)
(1)Where a doctor described a claimant’s restrictions as “indefinite,” the doctor meant that the restrictions were permanent since the intended meaning was clear from the context of letters exchanged between the doctor and the claimant’s [...]
Workers Compensation: Co-Employee Liability – Negligence – Immunity
Robinson, et al. v. Hooker (MLW No. 61001/Case No. WD1207 – 15 pages) (Missouri Court of Appeals, Western District, Hardwick, J.)
Where an employee received workers compensation benefits after he was injured by his coworker who lost her grip on a high pressure hose and blinded his right eye, his negligence claim against his coworker was [...]
Workers’ Compensation: Death Benefits – Rescue Work – Heart Disease
Leake v. City of Fulton (MLW No. 60952/Case No. WD71821 – 9 pages) (Missouri Court of Appeals, Western District, Mitchell, J.)
Where a fire department captain collapsed and died of a heart attack following a physically demanding rescue operation at the scene of an auto accident, the award of death benefits to the captain’s widow is [...]
Social Security: Denial Of Benefits – Anxiety – Treating Doctor
Brown v. Astrue (MLW No. 60942/Case No. 08-3353 – 23 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.)
Even though a claimant’s treating doctor stated that she was unable to work because of her inability to deal with the stress and anxiety of daily activity, the administrative law judge properly rejected the doctor’s opinion because [...]
Social Security: Denial Of Benefits – Authenticity Of Report – ALJ’s Responsibility
Vossen v. Astrue (MLW No. 60896/Case No. 09-1985 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Bright, J.)
Even though substantial evidence in a Social Security disability case supported an administrative law judge’s finding that a claimant’s severe impairments did not meet or equal a listed impairment, the ALJ erred in giving less weight to [...]
Workers’ Compensation: Exempt Employer – Private Household – Domestic Servant
Massey v. Spasser (MLW No. 60865Case No. ED94060 – 5 pages)
Where a certified nursing assistant, who was hired by a private household to care for the employer’s ill husband, injured her back assisting the man and the nursing assistant sought disability benefits and medical expenses under workers’ compensation law, the award of benefits is reversed [...]
ERISA: Denial Of Benefits – Discretionary Authority – Summary Plan Description
Ringwald v. Prudential Insurance Company of America (MLW No. 60787/Case No. 09-1933 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Bye, J.)
Where a casino employee was denied long-term disability benefits based on the plan administrator’s determination that his disability stemmed in part from his mental illness, which triggered the plan’s lifetime cap on such [...]
Casino worker wins review of long-term disability denial
A former St. Louis casino worker won a new chance to get long-term disability benefits after an appeals court ruling on Monday.
Social Security: Denial Of Benefits – Drug Abuse – Contributing Factor
Kluesner v. Astrue (MLW No. 60758/Case No. 09-2831 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.)
Where a claimant of disability benefits argued that an administrative law judge’s finding that the claimant’s marijuana use was a contributing factor material to his disability conflicted with a finding that the claimant’s drug use was in [...]
Workers’ Compensation: Occupational Disease – Date Of Injury – Asbestosis
McGhee v. W.R. Grace & Co. (/Case No. SD30060/SD30065 – 20 pages)
(1)Where a workers’ compensation claimant, who was last exposed to asbestos in 1977, was diagnosed with asbestosis in 2001, the commission erred in applying the $95 weekly benefits cap in effect in 1977 because the statute requires compensation to be calculated [...]
ERISA: Denial Of Benefits – Approved Provider – Retaliation
Manning v. American Republic Insurance Company (MLW No. 60639/Case No. 09-2625 – 18 pages) (U.S. Court of Appeals, 8th Circuit, Lange, D.J.)
(1)Where an employee submitted a claim for short-term disability benefits by providing a certification form completed by a physician assistant, the opinion of the assistant did not satisfy the plan’s requirement that an approved [...]
Unemployment Compensation: Denial Of Benefits – Voluntarily Quit – Good Cause
Turner v. Proffer Transportation, Inc. (MLW No. 60641/Case No. ED93773 – 12 pages) (Missouri Court of Appeals, Eastern District, Sullivan, P.J.)
Where a truck driver, who was indefinitely suspended over an incident in which he allegedly failed to deliver a load on time, was denied unemployment compensation, a finding by the commission that the driver did [...]
Workers’ Compensation: Denial Of Benefits – Carpal Tunnel – Repetitive Trauma
Miller v. U.S. Airways Group, Inc. (MLW No. 60621/Case No. WD70840 – 14 pages) (Missouri Court of Appeals, Western District, Smart Jr., J.)
Where evidence showed that a workers’ compensation claimant was diagnosed with carpal tunnel syndrome in 2002 and treated for work-related carpal tunnel syndrome in 2004, the claimant had an earlier claim pending against [...]
Unemployment Compensation: Notice Of Appeal – Timeliness
Purdy v. Sunswept Apartments (MLW No. 60610/Case No. ED94379 – 2 pages) (Missouri Court of Appeals, Eastern District, Romines, C.J.)
Where a claimant of unemployment compensation failed to file his notice of appeal within 20 days of the date that the decision of the commission became final, the notice was untimely and the appeal must be [...]
Social Security: SSI Benefits – Listed Impairments – Equivalence
Carlson v. Astrue (MLW No. 60593/Case No. 09-1123 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.)
Where a claimant argued that he was entitled to Supplemental Security Income because his diabetes and his weight loss combined to be medically equivalent to a listed impairment, the denial of benefits is affirmed because the record [...]
Workers’ Compensation: SIF Liability – Medical Expenses – Evidence
Treasurer v. Hudgins (MLW No. 60583/Case No. WD71423 – 6 pages) (Missouri Court of Appeals, Western District, Welsh, P.J.)
Where a workers’ compensation claimant presented sufficient competent and substantial evidence to support the commission’s award of $29,076 in medical expenses, the Second Injury Fund could have challenged the award at the hearing but failed to do [...]
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