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Missouri Supreme Court hears tort victims fund dispute
The Missouri Supreme Court heard arguments in a case over sovereign immunity and how payments from the state’s tort victims’ compensation fund should be calculated.
Commentary: Please hold your applause till the end, and your compliments forever
A trial lawyer reflects on compliments, insultpliments, tenacity, and the quiet value of professionalism in law, from depositions to lunch counter calls.
Employment retaliation verdict affirmed, along with sanctions against employer
The Western District upheld a $390,000 verdict for a worker fired after filing a compensation claim and affirmed sanctions against Commercial Metals Company for submitting fabricated affidavits.
PTD benefits claim fails without enhanced PPD
A Missouri appeals court affirms denial of PTD benefits, ruling a worker's right shoulder injury didn’t meet the 50-week threshold under §287.020.
Workers’ comp only avenue for independent contractor’s recovery
The 8th Circuit ruled Exide is immune from a negligence suit after a contractor's injury, citing Missouri’s workers’ comp statutory employer doctrine
Court: Claimant fails statutory requirements for PTD benefits
The Missouri Supreme Court rules occupational diseases can't qualify as preexisting injuries under the Second Injury Fund permanent total disability statute, reversing an award in a recent case.
Western District reverses, remands commission’s denial of workers’ compensation
At the heart of the dispute is the question of what constitutes a medically documented, preexisting injury.
Employment: Workers’ Compensation-Review of Compromise Settlement
Plaintiff appealed from the dismissal of his petition to change or review a compromise settlement with defendant, in which plaintiff alleged that he had a worsening condition and thus the […]
Employment: Workers’ Compensation-Weight of the Evidence
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 […]
Employment: Workers’ Compensation-Mesothelioma Benefits
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 […]
Employment: Workers’ Compensation-Work Accident or Occupational Disease
Claimant appealed the decision of the Labor and Industrial Relations Commission, which dismissed claimant’s application for full commission review of an administrative law judge’s adverse decision on claimant’s workers’ compensation […]
Workers’ compensation covers woman’s fall at doctor’s office, court finds
A woman who was treated for exposure to ant spray in the workplace, then hurt her knee at the doctor’s office while being treated, qualifies for permanent total disability, the […]
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