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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 [...]
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: 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: 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).
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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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