Administrative : Work Injury – Merit-System Employee – Exclusive Forum

Where a truck driver who argued that he was injured on the job was dismissed from his state  merit-system position, the decision of the Administrative Hearing Commission ordering the state agency to reinstate the employee and to accommodate his recuperation is reversed and remanded because the AHC usurped the function of the Labor and Industrial Relations Commission since when an injured merit system state employee alleges that he is entitled to relief or compensation directly related to an accidental injury that arose out of and in the course of the employee’s employment, the employee’s exclusiveforum for the claim is with the commission.

Judgment of circuit court affirmed; reversed and remanded to AHC for further proceedings.

Atwell v. Fitzsimmons (MLW No. 67053/Case No. WD77100 – 13 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.) Appealed from circuit court, Cole County, Joyce, J. (Caroline M. Coulter, Heather L. McCreery and Matthew B. Briesacher, Jefferson City, for respondents) (Ryan J. McDaniels, Jefferson City, for appellant).

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