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Workers' Compensation

Jan 3, 2019

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 […]

Dec 31, 2018

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[...]

Sep 13, 2018

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.)

Sep 12, 2018

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.)

May 23, 2018

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)

May 23, 2018

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)

May 8, 2018

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.)

Apr 20, 2018

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.)

Mar 12, 2018

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.)

Mar 8, 2018

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.)

Feb 23, 2018

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.)

Feb 9, 2018

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.)

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