Missouri Lawyers Media Missouri legal news and public notices

Where a claimant challenged the denial of his workers’ compensation claim seeking temporary total and permanent partial disability benefits from his employer and permanent total disability benefits from the Second Injury Fund, the Labor and Industrial Relations Commission erred in ...

Tagged with: Second Injury Fund Statute Of Limitations

Plaintiff appealed from the district court’s grant of summary judgment to defendant in plaintiff’s discrimination-in-hiring claim under the Americans with Disabilities Act. On appeal, plaintiff argued that the district court erred in dismissing his claim based on the sufficiency of ...

Tagged with: ADA disability discrimination Prima Facie Case

Where the treasurer challenged a determination that the Second Injury Fund was liable to claimant for permanent total disability benefits, the claim arose from a workplace injury that occurred after January 1, 2014, so the commission legally erred by applying ...

Tagged with: PTD Benefits Second Injury Fund

Where appellants challenged a judgment entered on a jury verdict in favor of respondent on her retaliatory discharge claim, the cause of action arose out of Missouri and an appellant purposefully availed itself of the privilege of conducting activities in ...

Tagged with: Front Pay jurisdiction Retaliatory Discharge

Plaintiff appealed from the adverse grant of summary judgment in her employment action. Where the record revealed no basis to find that the grant of summary judgment was not proper, the court affirmed. Judgment is affirmed. Smith v. Curators of ...

Tagged with: Adverse Grant of Summary Judgment Appellate Standard Employment Action

Where appellant challenged the adverse grant of summary judgment in an employment-discrimination action, the issues identified by the appellant were outside the scope of this appeal, so the judgment is affirmed. Judgment is affirmed. Patillo v. Sysco Arkansas (MLW No. ...

Tagged with: employment discrimination Scope of Appeal

Claimant appealed from the denial of his workers’ compensation claim, challenging the compensation judge’s credibility determinations and weight of the evidence. The administrative law judge expressly found that claimant was not a credible witness and that his medical expert was ...

Tagged with: Weight of the Evidence Workers’ Compensation

Claimants appealed from the denial of their claim for enhanced mesothelioma benefits, after decedent’s work for employer exposed him to inhalable asbestos fibers. Where an employer was required to make an affirmative act to elect to accept enhanced mesothelioma liability, ...

Tagged with: Mesothelioma Benefits Workers’ Compensation

Plaintiff appealed from the district court’s grant of summary judgment to defendant, in which the district court concluded that plaintiff had failed to exhaust administrative remedies in her retaliation claim, failed to state a prima facie claim for sex discrimination, ...

Tagged with: Failure to Exhaust Administrative Remedies Severe or Pervasive Conduct Sex Discrimination

Plaintiff petitioned for review of the NLRB’s order concluding that plaintiff engaged in unfair labor practices by refusing to recognize United Food and Commercial Workers, Local 655 as the exclusive collective bargaining representative for some of plaintiff’s employees. The NLRB ...

Tagged with: Failure to Recognize Exclusive Bargaining Representative NLRA Unfair Labor Practice

Plaintiff appealed the dismissal of his employment-discrimination action for failure to prosecute. Where the record supported finding a lack of prosecution by plaintiff, the district court did not abuse its discretion to sua sponte dismiss plaintiff’s complaint. Judgment is affirmed. ...

Tagged with: discrimination Dismissal Of Complaint Failure To Prosecute