Tag Archives: Missouri

Missouri Court Stresses Importance of Injury “by Accident” in Recent Horseplay Case

The Missouri Court of Appeals recently affirmed a decision of that state’s Labor and Industrial Relations Commission that had denied workers’ compensation benefits to a tire shop employee who sustained severe burns when he used a lighter to ignite a … Continue reading

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Oooops! In Ruling on Collateral Estoppel Issue, What Does a Court Do if Its Earlier Decision Was Actually Wrong?

In what is likely the last few days of the current term of the United States Supreme Court, an army of prognosticators are looking up from their tea leaves into television network cameras as they compete to relate their predictions … Continue reading

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Missouri: Surviving Spouse’s “Remarriage” Benefit Not Limited to Commutation of Her Share of Death Benefits

In many states, the death benefit owed to a surviving spouse is commuted, sometimes at a significant discount, if the surviving spouse remarries. The Missouri statute, § 287.240(4)(a) R.S. Mo., is one such example. It provides that in the case … Continue reading

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Missouri Governor Vetoes Bill That Would Have Established State-Wide Database of Comp Claims (and Claimants)

Yesterday (July 2), Governor Jay Nixon vetoed legislation [Senate Bill 34] that would have permitted created a state-run database system that would have contained basic information about workers’ compensation claims filed by the state’s residents and which would have been … Continue reading

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Missouri: Retaliatory Discharge Statute Requires Former Employee to Establish that Exercise of Rights Was Exclusive, Not Merely a Contributing, Factor in Firing

A Missouri appellate court recently affirmed a jury verdict in favor of a former employer on a former employee’s claim of retaliatory discharge and agreed that the former employee was required to show that his exercise of rights under the … Continue reading

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Getting Hurt “On the Job”

As I’ve mentioned in my last several posts, a bit more than a week ago, I enjoyed being part of three panel discussions at the 21st Annual National Workers’ Compensation and Disability Conference® & Expo in Las Vegas. After the … Continue reading

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Missouri: Boyfriend’s Murder of Employee Did Not Arise From the Employment; Wrongful Death Action Not Barred by Exclusive Remedy Doctrine

Last Friday, a Missouri appellate court reversed a decision by a state trial court that had sustained a defendant-employer’s motion for summary judgment in a wrongful death action filed against it and others by parents of an 18-year-old employee who … Continue reading

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Missouri: Survivors May Proceed in Tort Against Uninsured Employer After Recovering Workers’ Compensation Benefits From Statutory Employer–No Election of Remedies Problem

In a 4–3 decision, the Supreme Court of Missouri recently reversed the decision of a state trial court that earlier had held a workers’ compensation award against a statutory employer barred a wrongful death claim against the deceased employee’s uninsured … Continue reading

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Missouri: Divided Supreme Court Reverses Award of Benefits to Employee Injured Making Coffee for Herself and Others in the Office Kitchen

The Supreme Court of Missouri, in a split decision, construing the state’s version of the “increased-risk” doctrine, on Tuesday (May 29) reversed an award of workers’ compensation benefits to an employee who slipped off her sandal, fell, and injured her … Continue reading

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