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Home / Opinions / Courts / Court of Appeals, Eastern District / Workers’ Compensation: Therapy Injury – Settlement Agreement – Jurisdiction

Workers’ Compensation: Therapy Injury – Settlement Agreement – Jurisdiction

Where a claimant sought workers’ compensation benefits for a 2007 injury suffered during physical therapy for a 2002 work-related knee injury, the commission did not err in denying benefits based on lack of jurisdiction because the claim sought benefits for an injury that flowed as a natural consequence of an earlier workplace injury and the parties had entered a settlement agreement that closed out all claims from the 2002 injury.

‘Unique situation’

Dissenting opinion by Romines, J.: “It seems to me that this is an unique situation in that there is no case with the same specific facts on which to rely….

“Simply put, Ms. Meinczinger got injured in therapy. A claim was filed, which claim was filed prior to the entering of the settlement agreement. All parties were aware of the second claim prior to the settlement. On these facts I find no statutory provision which would compel a loss of jurisdiction in the Administrative Law Judge, or the Commission.”

Judgment is affirmed.

Meinczinger v. Harrah’s Casino (MLW No. 63774/Case No. ED97415 – 8 pages) (Missouri Court of Appeals, Eastern District, Crane, J.) Appealed from the Labor and Industrial Relations Commission (Kenneth A. Leeds for appellant) (Margaret Mary Hecht for respondent).

Read the full text of this opinion. (PDF)