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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[...]
Workers’ Compensation : Temporary Award – Judicial Review
AB Electrical, Inc. v. Franklin (MLW No. 72076/Case No. WD81156 – 15 pages) (Missouri Court of Appeals, Western District, Witt, J.)
Workers’ Compensation : Written Notice – Findings Of Fact
Harley-Davidson Motor Company, Inc. v. Jones (MLW No. 72050/Case No. WD81155 – 9 pages) (Missouri Court of Appeals, Western District, Gabbert, J.)
Workers’ Compensation : Mesothelioma Policy Benefits – Liability – Adult Children
Accident Fund Insurance Company v. Casey (MLW No. 71692/Case No. SC96899 – 13 pages) (Supreme Court of Missouri, Russell, J.; all concur)
Workers’ Compensation : Lump Sum Payment – Approval
Dickemann v. Costco Wholesale Corporation (MLW No. 71689/Case No. SC96513 – 8 pages) (Supreme Court of Missouri, Wilson, J.; all concur)
Workers’ Compensation : Safety Violation – Penalty
Elsworth v. Wayne County (MLW No. 71606/Case No. SD34919 – 7 pages) (Missouri Court of Appeals, Southern District, Sheffield, J.)
Workers’ Compensation : Temporary Benefits Award – Review
Leech v. Phoenix Home Care, Inc. (MLW No. 71576/Case No. SD35220 – 4 pages) (Missouri Court of Appeals, Southern District, Burrell, J.)
Workers’ Compensation : Compensable Injury – Staph Infection – Medical Bills
Wilkins v. Piramal Glass USA, Inc. (MLW No. 71443/Case No. ED105683 – 12 pages) (Missouri Court of Appeals, Eastern District, Hess, J.)
Workers’ Compensation : PTD Benefits – Activity Level
Jackson County v. Earnest (MLW No. 71433/Case No. WD81083 – 11 pages) (Missouri Court of Appeals, Western District, Ardini Jr., J.)
Workers’ Compensation : SIF Liability – Compensable Injury – ‘Arose Out Of’
Thompson v. Treasurer (MLW No. 71425/Case No. ED105352 – 6 pages) (Missouri Court of Appeals, Eastern District, Page, J.)
Workers’ Compensation : Compensable Injury – ‘Accident’ – Unusual Strain
Clark v. Dairy Farmers of America (MLW No. 71379/Case No. SD34826 – 10 pages) (Missouri Court of Appeals, Southern District, Sheffield, J.)
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- 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
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