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Workers’ Compensation: PTD-Second Injury Fund-Vocational Expert
Obermann v. Treasurer (MLW No. 80417/Case No. ED111004 – 10 pages) (Missouri Court of Appeals, Eastern District, James M. Dowd, J.) Appealed from the Labor and Industrial Relations Commission (Chris N. Weiss for appellant) (Keyla S. Rhoades for respondent).
Workers’ Compensation: Mental Injury-Compensability-Work-Related Stress
City of Clinton v. Dahman (MLW No. 79967/Case No. WD85780 – 15 pages) (Missouri Court of Appeals, Western District, Ahuja, J.) Appealed from the Labor and Industrial Relations Commission (Clinton D. Collier, Overland Park, KS for appellant) (Jeffery T. Adams, Clinton, for respondent).
Workers’ Compensation: Denial of Benefits-Causal Connection to Work
Steinbach v. Maxion Wheels (MLW No. 79751/Case No. WD85697 – 22 pages) (Missouri Court of Appeals, Western District, Chapman, J.) Appealed from Labor and Industrial Relations Commission
Workers’ Compensation: SIF Liability-Sufficiency Of Evidence
Where a claimant challenged the denial of her claim against the Second Injury Fund, the finding that the claimant failed to prove that the combination of her preexisting disabilities and primary injury rendered her permanently and totally disabled was not supported by substantial evidence, and the judgment is reversed and remanded since the reasons cited […]
Workers’ Compensation: Permanent Total Disability-Rule of Necessity
Where the Second Injury Fund challenged an award declaring the claimant to be permanently and totally disabled, the Labor and Industrial Relations Commission did not err in invoking the rule of necessity to allow a commissioner who had previously recused himself to reenter the case to break a stalemate, and the judgment is affirmed because […]
Workers’ Compensation: Permanent Total Disability-Second Injury Fund
Where a claimant challenged the denial of permanent disability benefits from the Second Injury Fund, the award was supported by substantial and competent evidence on the whole record, so the Labor and Industrial Relations Commission did not err in finding that the claimant was permanently and totally disabled before his November 2008 work injury and […]
Workers’ Compensation: Second Injury Fund-Occupational Injury
Where a sculptor who suffered an occupational injury challenged the commission’s reversal of his award of permanent partial disability, the judgment is reversed and remanded because the claim against the Second Injury Fund was not precluded by Section 287.220.3. Judgment is reversed and remanded. Krysl v. Treasurer (MLW No. 73979/Case No. ED107591 – 12 pages) […]
Workers’ Compensation: Reduction of Award-Sufficiency of Evidence-Disability Rating
Where a claimant challenged the reduction of his award of permanent total disability and future medical benefits to a 5 percent permanent partial disability, the evidence was sufficient to support the finding that he was not permanently and totally disabled, but the award determining medical causation and partial disability was not supported by sufficient competent […]
Negligence: Personal Injury-Workers’ Compensation-Gross Negligence
Plaintiff was severely injured when a wire disconnected by defendant’s work team snapped free and struck plaintiff in the face. Plaintiff required multiple surgeries and missed a substantial amount of work. Plaintiff filed a negligence claim against defendant. The district court granted summary judgment to defendant, ruling that Iowa’s Workers’ Compensation Act provided plaintiff’s [...]
Workers’ Compensation: Permanent and Total Disability Determination-Competent Evidence
Claimant’s doctor and two vocational/rehabilitation counselors determined that claimant was permanently and totally disabled. An administrative law judge awarded claimant weekly benefits and the commission affirmed. The fund appealed, arguing the commission erred because a physician did not determine claimant’s permanent total disability, as required by §287.190.6(2). Where there is competent[...]
Workers’ Compensation: SIF-Prior Convictions
Where a claimant challenged the denial of benefits from the Second Injury Fund, arguing that exhibits showing that he was convicted of Social Security fraud were improperly admitted, the judgment is affirmed because the challenged exhibits were cumulative to the claimant’s admission that he had committed fraud, and the denial of the claim was supported […]
Workers’ Compensation: Permanent and Total Disability Determination-Competent Evidence
Claimant’s doctor and two vocational/rehabilitation counselors determined that claimant was permanently and totally disabled. An administrative law judge awarded claimant weekly benefits and the commission affirmed. The fund appealed, arguing the commission erred because a physician did not determine claimant’s permanent total disability, as required by §287.190.6(2). Where there is competent[...]
Latest Opinion Digests
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
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