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Employment Law opinion

Workers’ Compensation: SIF Liability-Sufficiency of Evidence-Hearing Loss

Where a claimant challenged the denial of his claim against the Second Injury Fund for benefits, the claimant failed to meet his burden to show that he was permanently totally disabled due to a combination of his preexisting Parkinson’s disease ...

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Workers’ Compensation: Challenge to Awards-Hampton-Framework

Where appellants argued that workers’ compensation awards were contrary to the overwhelming weight of the competent and substantial evidence, the arguments ignored the framework required under Hampton v. Big Boy Steel Erection, so the appellants’ arguments lacked persuasive or analytical ...

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Unemployment Compensation: Denial of Benefits-Misconduct-Poor Performance Rule

Where a claimant of unemployment compensation challenged the denial of benefits, the commission erred in finding that the claimant was disqualified from receiving benefits because he violated the employer’s rule against poor performance because a general rule prohibiting poor performance ...

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Workers’ Compensation: Additional Evidence-“Proper Review”

Where the Missouri Department of Transportation challenged the quashing of a writ that sought to prohibit the Labor and Industrial Relations Commission from accepting additional evidence in a workers’ compensation case, the Missouri Supreme Court’s holding in Mantia v. Missouri ...

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Workers’ Compensation: Deceased Employee-Successor in Interest-Sufficiency of Evidence

Where an employer challenged an award of workers’ compensation benefits to the estate of a deceased employee, Section 287.580 applied and did not mandate the application of Rule 52.13, and the requirements of the statute were satisfied, so the employer ...

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

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 ...

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