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Workers’ Compensation: Denial of Benefits-Risk of Injury-Stairway Accident

Staff Report//April 20, 2020

Workers’ Compensation: Denial of Benefits-Risk of Injury-Stairway Accident

Staff Report//April 20, 2020

Where a claimant, who was injured when he tripped on stairs at work, challenged the denial of worker’s compensation benefits, there was no credible evidence that his risk of walking down stairs at the time of the injury was greater than in his normal non-employment life, and the Labor and Industrial Relations Commission did not err in finding that he was equally exposed to the risk source of descending stairs in his normal, non-employment life, so the award is affirmed.

Judgment is affirmed.

Marks v. Department of Corrections (MLW No. 74866/Case No. WD82956 – 14 pages) (Missouri Court of Appeals, Western District, Martin, J.) Appealed from the Labor and Industrial Relations Commission (Elizabeth W. Skinner, Jefferson City, for appellant) (Kimberley Cox Fournier, Kansas City, Missouri, for respondent).

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