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Home / Opinions / Courts / Court of Appeals, Western District / Workers’ Compensation : Occupational Disease – Causation – Law Of The Case

Workers’ Compensation : Occupational Disease – Causation – Law Of The Case

Where an employer challenged the award after remand of benefits to the family of a medical laboratory technician who died after allegedly contracting hepatitis C through exposure to blood and fluids at work, the earlier case held that the technician was not required to present evidence of specific exposure to the disease but instead must establish a probability that the working conditions caused the disease, so to the extent the employer now challenges the sufficiency of the evidence, which the Labor and Industrial Relations Commission had already found credible, the doctrine of the law of the case applied since the technician had met her burden to establish her cause of action.
Judgment is affirmed.

Smith v. Capital Region Medical Center (MLW No. 67300/Case No. WD77043 – 20 pages) (Missouri Court of Appeals, Western District, Witt, J.) Appealed from the Labor and Industrial Relations Commission (John B. Boyd, Jason J. Iezzi and Brianne Thomas, Independence, for respondent) (Richard L. Montgomery Jr., Columbia, and Susan Ford Robertson, Kansas City, Missouri, for appellant).

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