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Workers' Compensation Law

Apr 1, 2019

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 [...]

Jan 11, 2019

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[...]

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[...]

Apr 14, 2016

Workers’ Compensation: Walking Injury After Work- Extended Premises

Lincoln University v. Narens (MLW No. 69030/Case No. WD79003 – 18 pages) (Missouri Court of Appeals, Western District, Martin, J.) Appealed from the Labor and Industrial Relations Commission (Brian R. Herman, Jefferson City, for appellant) (Brian J. Dean, St. Louis, for respondent).

Aug 6, 2014

Workers Compensation : Expert – Credibility

Beatrice v. Curators of the University of Missouri (MLW No. 66753/Case No. WD76807 -- 17 pages) (Missouri Court of Appeals, Western District, Howard, J.)

Jul 23, 2014

Workers’ Compensation : Labor – Permanently Totally Disabled

Brashers v. Treasurer of the State of Missouri (MLW No. 66690/Case No. SD32872 – 19 pages) (Missouri Court of Appeals, Southern District, Burrell, J.)

Jul 10, 2014

Workers’ Compensation : Second Injury Fund – PTD – Subsequent Deterioration

Lewis v. Treasurer (MLW No. 66587/Case No. ED100657 – 33 pages) (Missouri Court of Appeals, Eastern District, Sullivan, J.)

Aug 28, 2013

Workers’ Compensation : Death Benefit – Remarriage Benefit – Calculation

Ash v. Millennium Restoration & Construction (MLW No. 65451 – 7 pages) (Missouri Court of Appeals, Southern District, Burrell, J.)

May 4, 2013

Workers’ Compensation: Lifetime Benefits – Deceased Spouse – Duration

Spradling v. Treasurer (MLW No. 64953/Case No. SD31907 – 15 pages) (Missouri Court of Appeals, Southern District, Francis Jr., J.)

Mar 30, 2013

Workers’ Compensation: Occupational Disease – Hepatitis C – Burden Of Production

Smith v. Capital Region Medical Center (MLW No. 64810/Case No. WD75078 – 18 pages) (Missouri Court of Appeals, Western District, Newton, J.)

Mar 9, 2013

Appellate Practice: Jurisdiction – Docket Entry – Pro Se Appellant

Rutter v. Bugg (MLW No. 64727/Case No. WD75303 – 4 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.)

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