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Employment Law

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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Workers’ Compensation: Second Injury Fund-Occupational Disease

Where a claimant challenged the reversal of an award of permanent total disability benefits against the Second Injury Fund, the decision is reversed and remanded with directions to reinstate the award because the compensable occupational disease occurred before January 1, ...

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Workers’ Compensation: Work Injury-Prevailing Factor-Accidental Tripping

Where an employee challenged the denial of worker’s compensation benefits for orthopedic injuries that she suffered when she tripped accidentally at a doctor’s office where she was being treated for respiratory symptoms from a work-related chemical exposure, the judgment is ...

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Workers’ Compensation: PTD-Future Employment-Physician Testimony

Where a claimant challenged the denial of permanent total disability benefits, the Labor and Industrial Relations Commission erred by requiring the physician who testified about the claimant’s work-related injury to state an opinion on the claimant’s ability to obtain future ...

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