Missouri Lawyers Media Missouri legal news and public notices

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 ...

Tagged with: SIF Liability Sufficiency Of Evidence

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 ...

Tagged with: Permanent Total Disability Rule of Necessity

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 ...

Tagged with: Permanent Total Disability Second Injury Fund

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 ...

Tagged with: Occupational Injury Second Injury Fund

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, ...

Tagged with: Disability Rating Reduction of Award Sufficiency Of Evidence

  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 ...

Tagged with: Gross Negligence Negligence personal injury Workers' Compensation Law Workers’ Compensation

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 ...

Tagged with: Competent Evidence Permanent and Total Disability Determination Workers' Compensation Law Workers’ Compensation

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 ...

Tagged with: Prior Convictions SIF Workers' Compensation Law Workers’ Compensation

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 ...

Tagged with: Competent Evidence Permanent and Total Disability Determination Workers' Compensation Law Workers’ Compensation

AB Electrical, Inc. v. Franklin (MLW No. 72076/Case No. WD81156 – 15 pages) (Missouri Court of Appeals, Western District, Witt, J.)

Tagged with: judicial review Temporary Award Workers’ Compensation

Harley-Davidson Motor Company, Inc. v. Jones (MLW No. 72050/Case No. WD81155 – 9 pages) (Missouri Court of Appeals, Western District, Gabbert, J.)

Tagged with: findings of fact Workers’ Compensation Written Notice