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Workers' compensation

May 23, 2019

Workers’ Compensation: Death Benefits-Sufficiency of Evidence-Substitution of Party

Where an employer challenged an award of death benefits to a deceased worker’s son after he was substituted as a personal representative after the worker’s husband died, the evidence was sufficient to support the finding that the work-related ankle injury was the prevailing factor that caused a fatal pulmonary embolism, so the award was proper, […]

May 13, 2019

Workers’ Compensation: Permanent Partial Disability-Tinnitus-Expert Testimony

Where an employer challenged an award of permanent partial disability to a worker who suffered from work-related tinnitus, the commission did not err in finding that an audiologist with a doctorate in hearing science was qualified to testify as an expert, and the judgment is affirmed. Judgment is affirmed. Hogenmiller v. Mississippi Lime Company (MLW […]

Jun 29, 2016

Workers’ Compensation : Causation – Prevailing Factor – Expert Testimony

Malam v. Department of Corrections (MLW No. 69364/Case No. SC95170 – 16 pages) (Supreme Court of Missouri, Teitelman, J.; Breckenridge, C.J., Stith and Draper, JJ., concur; Russell, J., dissents in separate opinion filed; Fischer and Wilson, JJ., concur in opinion of Russell, J.)

Jun 16, 2016

Workers’ Compensation : Mental Injury – Occupational Disease – Similarly-Situated Employees

Mantia v. Department of Transportation (MLW No. 69297/Case No. ED103016 – 16 pages) (Missouri Court of Appeals, Eastern District, James M. Dowd, J.)

Jun 7, 2016

Workers’ Compensation : SIF Liability – Hearing Loss – ‘Body As A Whole’

Treasurer v. Horton (MLW No. 69259/Case No. WD79261 – 10 pages) (Missouri Court of Appeals, Western District, Witt, J.)

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).

Mar 24, 2016

Workers’ Compensation : Temporary Award – Commutation

Where an employer had a history of disregarding a temporary award made by an administrative law judge and evidence showed that a claimant who was permanently and totally disabled suffered hardship by being required to pre-pay and wait for reimbursement, the award of commutation by the Labor and Industrial Relations was supported by sufficient and […]

Feb 3, 2016

Workers’ Compensation : Penalty – Surveillance Video – Discovery Violation

Burlison v. Department of Public Safety (MLW No. 68734/Case No. SD33809 – 11 pages) (Missouri Court of Appeals, Southern District, Sheffield, J.)

Dec 21, 2015

Workers’ Compensation : Untimely Claim – Grounds For Ruling – Failure To Challenge

Knight v. Con-Agra Foods, Inc. (MLW No. 68539/Case No. WD789591 – 6 pages) (Missouri Court of Appeals, Western District, Ahuja, J.)

Dec 9, 2015

Workers’ Compensation : Notice Of Appeal – Timeliness – Inadequate Postage

Marciante v. Treasurer (MLW No. 68548/Case No. ED102994 – 6 pages) (Missouri Court of Appeals, Eastern District, Mooney, J.)

Dec 8, 2015

Workers’ Compensation : Temporary Total Disability – Rehabilitative Process – Safety Penalty

Greer v. Sysco Food Services (MLW No. 68556/Case No. SC94724 – 30 pages) (Supreme Court of Missouri, Draper III, J.; all concur)

Nov 19, 2015

Workers’ Compensation : SIF Benefits – Credibility Determination

Rasa v. Treasurer (MLW No. 68471/Case No. WD78562 – 11 pages) (Missouri Court of Appeals, Western District, Gabbert, J.)

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