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Case Law Updates
Missouri Workers' Compensation

Simon Law Group, P.C. has established this page to inform clients and colleagues of recent, pertinent case law. This site is updated quarterly. Complete quarterly case law updates are available in Adobe Acrobat format (*.pdf) by clicking on the link next to each update. (Acrobat Reader required).
CASE LAW UPDATES Archives ( 2012, 2011, 2010, 2009, 2008, 2007)
January 2018 - March 2018

Court Affirms Commission Decision that Claimant’s Injury Compensable Because Claimant’s Work Was an Unusual Strain, Despite the Fact They Were Her Normal Job Duties That She Performed Every Day

Court Affirmed Summary Judgment for Defendant in Negligence Claim Because Using Fork Truck in Unsafe Manner was Breach of Employer’s Non-Delegable Duty to Provide a Safe Workplace

Claimant Injured in Course and Scope After Falling From the Top of a Truck Because He Was Climbing Down from the Roof in Order to Leave the Premises After He was Locked in, and He Was Not Equally Exposed to Risk of Falling Off a Truck Outside of Work Employer Liable for Future Medical, Despite Fact that Future Medical Would Also Provide Treatment for Non-Work-Related Injuries

Claimant PTD Due to Occupational Disease From Exposure to Biological Particulates Created By Construction Project to Building Where He Worked As Janitor

Muscle Tear and Hematoma Compensable Because Claimant Was Squatting in Order to Perform a Job Duty, and Hematoma Prevailing Cause of Subsequent Staph Infection

Claimant Not PTD Because Testimony Regarding His Complaints Not Credible When Compared to Other Evidence on The Record, Including Surveillance Video

Employer Liable for PTD Benefits Due to Permanent Work Restrictions for Last Injury, Despite Fact Claimant’s Back Was Treated Conservatively and She Had Significant Pre-Existing Disabilities

Employer Responsible for PTD Due to Claimant’s Physical Injuries, Psychiatric Injury, and Opiate Dependency, Despite Fact Medical Evidence and Surveillance Video Showed Claimant Was Exaggerating Her Complaints and Disability

Employer Responsible for PTD Benefits After Primary Injury Caused Low Back Injury and Psychological Condition, Which Required Claimant to Take Narcotic Pain Medications and Take Frequent Breaks

35-Year-Old Claimant with GED PTD After Spinal Fusion, Despite Surveillance Video, Because Claimant Can Be Unemployable Without Being Completely Inactive

Fund Liable For PTD Because Claimant Unemployable Due to Combination of Primary Injury, Prior Injuries, Learning Disability, and Functional Illiteracy

Fund Liable for PTD Benefits Due to Combination Claimant’s Pre-Existing Physical and Psychiatric Disabilities and Primary Injury

January 2018 - March 2018

Court Affirms Commission Decision that Claimant’s Injury Compensable Because Claimant’s Work Was an Unusual Strain, Despite the Fact They Were Her Normal Job Duties That She Performed Every Day

Court Affirmed Summary Judgment for Defendant in Negligence Claim Because Using Fork Truck in Unsafe Manner was Breach of Employer’s Non-Delegable Duty to Provide a Safe Workplace

Claimant Injured in Course and Scope After Falling From the Top of a Truck Because He Was Climbing Down from the Roof in Order to Leave the Premises After He was Locked in, and He Was Not Equally Exposed to Risk of Falling Off a Truck Outside of Work Employer Liable for Future Medical, Despite Fact that Future Medical Would Also Provide Treatment for Non-Work-Related Injuries

Claimant PTD Due to Occupational Disease From Exposure to Biological Particulates Created By Construction Project to Building Where He Worked As Janitor

Muscle Tear and Hematoma Compensable Because Claimant Was Squatting in Order to Perform a Job Duty, and Hematoma Prevailing Cause of Subsequent Staph Infection

Claimant Not PTD Because Testimony Regarding His Complaints Not Credible When Compared to Other Evidence on The Record, Including Surveillance Video

Employer Liable for PTD Benefits Due to Permanent Work Restrictions for Last Injury, Despite Fact Claimant’s Back Was Treated Conservatively and She Had Significant Pre-Existing Disabilities

Employer Responsible for PTD Due to Claimant’s Physical Injuries, Psychiatric Injury, and Opiate Dependency, Despite Fact Medical Evidence and Surveillance Video Showed Claimant Was Exaggerating Her Complaints and Disability

Employer Responsible for PTD Benefits After Primary Injury Caused Low Back Injury and Psychological Condition, Which Required Claimant to Take Narcotic Pain Medications and Take Frequent Breaks

35-Year-Old Claimant with GED PTD After Spinal Fusion, Despite Surveillance Video, Because Claimant Can Be Unemployable Without Being Completely Inactive

Fund Liable For PTD Because Claimant Unemployable Due to Combination of Primary Injury, Prior Injuries, Learning Disability, and Functional Illiteracy

Fund Liable for PTD Benefits Due to Combination Claimant’s Pre-Existing Physical and Psychiatric Disabilities and Primary Injury

October 2017 - December 2017

Injury Not Compensable Because Claimant Made Multiple Inconsistent Statements of How and When Injury Occurred and Failed to Establish Injury Was Caused by a Compensable Accident

Appeal Transferred to Missouri Supreme Court to Determine Whether Applying Mesothelioma Statute to Claim with Last Exposure in 1990 Violates Missouri Constitution

Boatright is the Employer Because He Had Authority to Hire/Fire, Assign Driving Routes, and Determine Payment, and FFE is a For Hire Motor Carrier

Court Affirms Commission’s Decision and Award Finding that Claimant’s Work Conditions Were Not the Prevailing Cause of His Heart Attack and Death

Employer Responsible for Unauthorized Treatment Claimant Underwent During the Four Weeks Between the Date She Filed a Claim Demanding Additional Treatment and the Date She Was Evaluated by Employer’s Doctor

Employer Liable for PTD Because Claimant Was Sleep Deprived Due to Pain and Had to Nap Several Times Per Day, Despite Fact that He Slept At Least Eight Hours Per Night and Did Not Take Any Medications to Attempt to Alleviate His Sleep Issues

Employer Responsible for PTD After Claimant Sustained Multiple Fractures to Bilateral Lower Extremities After Falling 25 Feet, Which Required Him to Spontaneously Recline Throughout the Day and Caused Sleep and Concentration Difficulties

Fund Liable for PTD Because Prior Low Back Injury Caused Primary Low Back Injury to be More Severe Than Otherwise Would Have Been

Fund Liable for PTD Benefits After Claimant Forced to Change Jobs Following Prior Low Back Injury and Reported Ongoing Back Pain Prior to Primary Injury

Fund Not Liable for PTD Benefits Because Claimant PTD As a Result of Her Pre-xisting, Non-Work-Related Low Back Condition Considered Alone

Fund Liable for PTD Because Claimant Unemployable Due to Primary Injury Combined with Pre-Existing Right Leg Injury, Anxiety/Depression, and Need to Lie Down Throughout Day

Commission Decision Finding Fund Liable for PTD Benefits Supported by the Record Because Claimant’s Expert Testified He Was PTD and Employer’s Expert Testified He Had a Pre-Existing Disability

Claimant Not Entitled to Enhanced Benefits Under 287.200.4(3), Because Employer Went Out of Business More than Fifteen Years Prior to When the Statute Became Effective on January 1, 2014 and Could Not Have Elected to Accept Mesothelioma Liability

July 2017 - September 2017

Intentionally Lighting Can of Flammable Adhesives on Fire Not Accident Because Not Unexpected Traumatic Event

Court Affirms Commission Finding Injury Is Compensable Despite Multiple Contradicting Statements Because Unguarded Ramp Was Risk Source

Injury While Playing Basketball on Paid Break Compensable Because Risk Source Was Wearing Non-Slip Shoes on Blacktop and Employer Required Non-Slip Shoes

No Penalty Because Employer Failed to Show Violation Occurred In Conjunction With or Was Proximate Cause of Claimant’s Injuries

Appeal Dismissed Because Court Lacked Authority to Review Commission’s Temporary/Partial Award

Court Vacates Commission Decision. Claimant Must Show Actual Events Would Cause a Reasonable Highway Worker Extraordinary and Unusual Stress

Employer Responsible for PTD Benefits, Despite Video Showing Claimant Performing Household Chores Such As Mowing and Pushing Broom Employer Liable for PTD After Hernia Repair Resulted in Nerve Entrapment and Need to Recline Throughout Day, Despite History of Prior Hernias

Claimant PTD and Unemployable Despite Working Part-Time at a Carwash For Five Years After Injury

Employer Liable for PTD Because Claimant Must Frequently Sit and Elevate Leg Throughout Day

Employer Responsible for PTD Because Claimant Must Now Recline and Alternate Between Sitting and Standing

Employer Responsible for PTD Benefits Due to Need to Alternate Positions and Inability to Work Full Day Despite Only Conservative Treatment for Back

Claim Against Fund for Enhanced Benefits Denied Because Primary Injury Occurred After January 1, 2014

Employer Not Required to Pay Claimant’s Attorney’s Fees Because It Was Reasonable for Employer to Rely On Medical Expert’s Opinion That Claimant Did Not Require Additional Treatment

April 2017 - June 2017

Parties Could Not Commute Award Under 287.530 Because Statute Requires Unusual Circumstances and Commission Lacked Authority Under 287.390

Claimant Awarded PPD For Hearing Loss Due to Industrial Noise Exposure Despite Wearing Hearing Protection at Work and Exposure to Firearms Outside of Work

Injury Compensable When Claimant Re-Tore Rotator Cuff While Performing Mandatory Physical Capability

Right Shoulder Injury Sustained While Wrestling Co-Worker Not-Compensable

Claimant’s Testimony Credible and Injury Compensable Despite Inconsistent Statements Regarding How Injury Occurred

Court Cannot Dismiss Wrongful Death Petition Based on Exclusivity Doctrine Until the Commission Determines the Injury as Compensable

Flu Vaccine Not Prevailing Cause of Claimant’s Congestive Heart Failure

Driving School Bus Was Prevailing Factor Causing Bilateral Carpal Tunnel Syndrome

Employer Responsible for PTD Benefits After Left Shoulder Injury

Claimant PTD from Last Injury Alone Due to Combination of Left Upper Extremity Injury and Psychiatric Condition

Employer Responsible for PTD Benefits for Combination of Back Injury and Psychological Condition, Both Caused by Primary Injury

Employer Responsible for PTD Benefits After Shoulder, Hip, and Back Injury

Fund Responsible for PTD Benefits After Primary Low Back Injury Combined with Pre-Existing Low Back Condition

2017 Changes to the Workers’ Compensation Statute

January 2017 - March 2017

Court Affirms Commission Decision that Claimant was PTD Due to Exposure to Pigeon Droppings on Roof at Work

Despite Multiple Inconsistent Statements from Claimant Regarding How Injury Occurred, Claimant’s Injury from Fall Down Ramp Compensable

Claimant Did Not Forfeit Benefits When Refused to Take Drug Test Because Employer Did Not Unequivocally Request He Take It On Date of Injury and He Did Take It Two Days Later

No Safety Penalty for MVA Potentially Caused by Speeding and Failure to Wear Seatbelt, Because Employer Failed to Show It Made Reasonable Efforts to Ensure Compliance with Safety Rules

Employer to Pay Past Medical Because Unauthorized Treatment Flowed from Effects of Claimant’s Compensable Work Injury

Need for Future Total Knee Replacement Flowed from Effects of Work Injury, Despite Claimant’s Severe Pre-existing Arthritis

Claimant PTD After Last Injury Alone Because Now Has to Lie Down Several Times Per Day and Frequently Change Positions

Claimant PTD as Result of Last Injury Alone Following Right Foot Injury Despite Claimant’s Testimony That He Missed Work Due to Back Injury Prior to 2009 Date of Injury

Employer Responsible for PTD Benefits After Claimant Sustained Low Back Injury

Employer Responsible for PTD Benefits After Claimant Developed Complex Regional Pain Syndrome After Right Foot Injury

Fund Responsible for PTD Benefits After Low Back Injury

Insurer to Pay Enhanced Death Benefits Even Though there was No Exposure During the Policy Period Because It Provided Insurance to Employer with Mesothelioma Endorsement and Claimant Diagnosed with Mesothelioma During Policy Period

October 2016 - December 2016

Insurer to Pay Medical Fee Because Evidence Showed Medical Device Was Authorized and Medically Necessary

Claimant Entitled to Past Medical Expenses But Not PPD Because Injury Caused a Temporary Increase in Pre-Existing Neck Complaints But Did Not Result In Permanent Disability

Claimant’s Left Knee Injury Compensable Despite Pre-Existing Left Knee Condition, Because Increase/Change in Job Duties Caused an Increase in His Complaints

Employer Not Entitled to Reduction in Benefits Due to Safety Violation

Claimant’s Widow Not Entitled to Continuing PTD Benefits because No Evidence of Dependency was Presented at the Hearing

Employer Prevailed in Civil Case Where Claimant Alleged Retaliatory Discrimination

Employer Responsible for Medical Bills from Unauthorized Treatment as Claimant Testified She did not Know if Insurance Company Would Try to Recoup Money

Firefighter Who Had Knee Replacement Found PTD as Result of Last Injury Alone Despite Prior Arthroscopy on Opposite Knee

Claimant Entitled to TTD After Being Placed at MMI Because Continued to Be Engaged in “Rehabilitative Process”

July 2016 - September 2016

Commission Overruled ALJ’s Decision That Work Injury was Prevailing Factor Causing Injury, Because Claimant’s Expert’s Opinion was Based on Erroneous Information

Claimant’s Injury Compensable Because Risk Source of Injury, Colliding with a Maintenance Worker’s Cart as it Was Pushed out of a Darkened Elevator, Was One to Which She Was Not Equally Exposed in her Normal Non-employment Life

Injury Sustained in Motor Vehicle Accident While Driving Company Vehicle to Office Found Compensable

Injury Sustained When Claimant Wrecked His Motorcycle on Employer’s Premises Not Compensable because Riding Motorcycles Unrelated to Job Duties

Claimant’s Death Caused by Injuries Sustained in Motor Vehicle Accident While Driving Company Vehicle Compensable, Because Claimant Frequently Drove Company Vehicle to Make Sales Calls and Performed Work Over the Phone While Driving

Fund Responsible for PTD Benefits Because Court Found Claimant’s Expert Opinion Based on Subjective Findings More Credible than Fund’s Expert Opinion Based on Objective Findings. Opinion Based on Subjective Findings More Credible Because Objective Test Performed Did Not Measure Claimant’s Disability

Claim for Psychological Injury Not Compensable Because Claimant’s Expert Opinion was Based Solely on Claimant’s Subjective Complaints and Claimant’s Testimony Found Not Credible

Employer Responsible for Future Medical Treatment, Despite the Fact That Claimant Was Receiving the Same Treatment He Was Receiving Prior to the Work Injury

Medical Provider’s Application for Payment of Additional Reimbursement of Medical Fees was Untimely because It was Filed More Than One Year After the First Notice of Dispute of the Medical Charges

Twenty-Nine Year Old Claimant Found PTD from Last Injury Alone, Despite Pre-existing Disabilities, Because Primary Injury Makes it Necessary for Him to Lie Down Three to Four Times Per Day

Court Affirmed Commission’s Finding that Claimant PTD as Result of Last Injury Alone Employer Responsible for PTD Benefits After Pain from Primary Injury Caused Need to Frequently Lie Down Throughout the Day

Employer Responsible for PTD Benefits After Claimant Could Only Perform Right-Handed Work Following Left Shoulder Injury

Court Reversed Commission’s Decision that Claimant Failed to Meet Burden of Proving the Accident was Prevailing Factor, Because Commission Ignored Plain Meaning of Dr. Koprivica’s Tetstimony

ALJ Not Bound by Stipulation Regarding a Pre-existing Disability When Determining Fund Liability for Pre-existing Conditions

ALJ’s Conclusion that Statute Requires Physician Certification to Find PTD Reversed by the Court

Fund Responsible for PTD Benefits Because of Pre-existing Conditions Prior to Claimant’s Date of Disability for Primary Claim

April 2016 – June 2016

Injury Sustained by Stepping Off Steep Edge of Sidewalk While Leaving Work Found Compensable

Despite Previous Instances of Horseplay, Injuries Sustained after Claimant Intentionally Ignited a Flammable Substance Not Compensable because Risk did not Arise out of the Course and Scope of Employment

Claimant Not Entitled to Permanency or Future Medical because He Failed to Prove that is Continuing Complaints in 2015 were Causally Related to His November 2011 Injury

Employer Responsible for Medical Treatment, Even Though Claimant had a Pre-Existing Condition, Because Claimant was Asymptomatic Prior to Her Date of Injury

Claimant Awarded PPD and Future Medical for Work Related Mental Injury Without Showing That Her Stress was Extraordinary and Unusual When Compared to Similarly Situated Employees

Claimant PTD from Last Injury Alone after She Fell and Injured Her Left Upper Extremity

Claim against Fund was Untimely because Not Filed within Two Years of Date of Injury or One Year of Claim against Employer/Insurer

Claimant’s Pre-Existing Hearing Loss Constituted Pre-Existing Disability to the Body as a Whole for the Purpose of Triggering Fund Liability

January 2016 – March 2016

Temporary Employer Found Responsible for Temporary Employee’s Fall on Customer’s Property since Customer Owned and Controlled Parking Lot and Temporary Employer and Customer Found to be Joint Employers

Claimant’s Injuries Not Compensable Because No Evidence Her Employment Exposed Her to Greater Risk of Injury Than in Her Normal Non-Employment Life

Injury Sustained During a Return to Work Evaluation for a Non-Work Related Condition Arose Out of and in the Course and Scope of Employment and Found Compensable

Truck Driver Awarded PTD for Back Injury Sustained When He Tripped on a Fuel Hose

Employer Responsible for PTD Benefits After Head Injury, Despite Pre-existing Cavernous Malformation which Caused Headaches and Left Sided Numbness Since 2000

Claimant’s Death Not Compensable because His Work was not the Prevailing Factor in Causing His Heart Attack

Commission Reverses ALJ’s Opinion that Employer’s Expert is Most Credible

Video Surveillance not Admissible at Hearing Since Employer did not Comply with Continuing Request for Production

Fund Liable for PTD Benefits After Claimant Injured His Right Knee, Even Though the Treating Doctor did Not Explicitly Find the Claimant PTD

PTD Denied as Claimant did not Present Evidence as to Why She Stopped Working

Fund Responsible for PTD Benefits Due to Combination of Pre-Existing Physical and Psychological Conditions and Work Injury

Claim for Benefits Denied after Claimant Failed to Appear at Trial

Claimant’s PTD Benefits Commutated to a Lump Sum to Avoid Undue Financial Hardship to the Claimant

October 2015 - December 2015

Claim for Occupational Disease Denied After Claimant Settled an Earlier Claim for the Same Injury

Claim for PTD for Occupational Disease Caused by Exposure to Pigeon Droppings Compensable

Claimant With Back Injury Received Additional TTD, Past Medical, and Future Medical After MMI

Claimant’s Injury From Fall on Icy Parking Lot Was Compensable

Claimant’s Fall From Chair While Eating Lunch on Employer’s Premises Compensable

The Commission’s Factual Finding That a Medical Opinion Was Not Credible Was Supported by Sufficient Competent Evidence

The Court Defers to Factual Determinations Made by the Commission that are Supported by Competent and Substantial Evidence, and the Commission May Apply a Multiplicity Factor

The Commission May Believe or Disbelieve a Party’s Testimony, Even If There Is No Contradicting Testimony

Claim for Psychiatric Injury After Co-Worker Assault Denied Because Claimant’s Testimony was Inconsistent and Expert Medical Opinion was Not Credible

Due to Void Marriage, Woman Not Entitled to Benefits as a Dependent

PTD Claim for Left Shoulder Crush Injury Compensable

Claimant Awarded Additional TTD for Treatment Received After Being Placed At MMI

Claim for Bilateral Plantar Fasciitis as an Occupational Disease Found Compensable, But Employer Not Responsible for Past Treatment

Second Claim for Compensation Barred by Claim Preclusion

Claimant’s Appeal Denied When She Failed to Challenge Each of the Commission’s Reasons for Denying Her Claim

Claimant Failed to Produce Sufficient Evidence of a “Synergistic Effect” to Trigger Second Injury Fund Liability

Claim Against the Second Injury Fund Denied Because The Claimant Was PTD as a Result of the Last Injury Alone

Where Claims are Filed and Settled, a Settlement Agreement Does Not Constitute a Second Claim That Extends the Statute of Limitations

The Statute of Limitations to File a Claim Was Extended to 3 Years When an Out-of-State Employer Failed to File a Report of Injury

Claimant’s Notice of Appeal Was Not Timely Received by the Commission, Because Mailed Without Correct Postage

July 2015 - September 2015

Claim Compensable Because Claimant Not Equally Exposed to That Particular Dirt Clod

Injury on Inclined Parking Lot Compensable Because it was Not a Risk Claimant was Equally Exposed to in Normal Non-Employment Life

Claim Not Compensable Because Claimant was Equally Exposed to Force of Wringing out a Rag in her Normal Non-Employment Life

Claim Compensable Because Claimant was Not Equally Exposed to Sidewalk With Steep Drop-Off

Employer/Insurer Unable to Prove Claimant’s Injury was Idiopathic so Injury Found Compensable

Claim Denied Because Expert Failed to Use Proper Standard

ATFL Tear Found Compensable Despite Employer/Insurer’s Expert’s Opinion that Condition was Not Work Related

Employer/Insurer Liable for PTD Benefits Despite Conservatively Treated Work Injury

Fund Liable for PTD Benefits Based on Pre-Existing Degenerative Changes in Operative Note

PTD Liability Imposed on Second Injury Fund Despite Claimant’s Post-Injury Return to Accommodated Employment for Three Years

Fund Liable for PTD Benefits Because Claimant’s Testimony and Experts Found More Credible

Commission Retains Jurisdiction Over Issues Left Open in the Stipulations

60 Day Rule Does Not Apply to Medical Fee Disputes

Claimant Failed to Meet Burden on Injuries Which Occurred After Her IME

ALJ and Commission Can Disregard Wage Statement and Set Their Own Average Weekly Wage if They Believe that Would be Fair and Just

April 2015 - June 2015

Claimant’s Fall on Path Cleared by Employer Compensable

Claimant’s Fall on Lunch Break in Employer’s Lunch Room Compensable

Claimant’s Fall Compensable After Syncopal Episode Due to Sleep Pattern

Traveling Nurse’s Fall on Client’s Stairs Compensable

Claimants Need Not Compare Their Stress to Similarly Situated Employees for Psychiatric Injuries

Expert’s Notice Defense Failed Due to Their Expert’s Misdiagnosis

Notice to Employer is Imputed to the Insurer

Claimant’s C5-6 Disc Herniation Compensable Due to Her Repetitive Lifting

Claimant’s Occupational Disease and Accident Claims Denied Because Claimant Did Not Meet Burden of Proof

Minimal Stress to Shoulder Still a Compensable Injury

Employer/Insurer Liable for PTD Despite Pre-Existing Low Back Pain Requiring Hydrocodone Use

Employer/Insurer Responsible for PTD After 3 Knee Surgeries, RSD, and Depression

Claimant PTD From Primary Injury Alone Despite Prior Psychiatric Diagnosis and Medications

Employer/Insurer Liable for PTD Despite Claimant’s Pre-Existing Injuries Which Impacted Job Performance

Employer/Insurer Liable for PTD Despite Two Prior Surgeries to the Same Vertebrae

Fund not Liable for PTD Due to Subsequent Deteriorating Condition

For Fund to be Liable for Claimant’s Worsened Pre-Existing Condition After the Primary Injury, the Primary Injury Must be a “Significant” Factor in Worsening that Condition

Claimant’s Expert Need Not Specify Percentage of Disability From Primary Injury to Reach Fund

Claimant PTD From Combination of Primary and Pre-Existing Injuries

Claimant PTD From Last Injury Alone Despite Conservative Treatment

Fund Liable for PTD but Employer/Insurer Liable for Future Medical

Statutory Threshold Does not Apply to Pre-Existing Hearing Loss

Claimant Can File Civil Claim Against Employer Who Does Not Have Workers’ Compensation Insurance

Employer/Insurer Liable for Total Knee Replacement to Cure and Relieve Work Injury

Heat Exhaustion Compensable After Working in 100 Degree Weather

Heat Exhaustion Not Compensable Due to Lack of Medical Evidence

January 2015 - March 2015

Commission Can Determine Fund Responsible for PTD Benefits Despite the Fact that None of the Experts Specifically Stated Claimant was PTD as Result of Work Injury In Combination With Pre-existing Condition.

ALJ Did Not Find Doctor’s Opinion Persuasive Because Doctor Relied on Scientific Study Claimant’s Expert More Credible Because Better Understanding of Claimant’s Job Duties

Liability Triggered After “Evidence of Disability” Not Simply After Diagnosis University of Missouri Found to be Responsible Employer Despite Claimant Working There Through a Temporary Agency

Fund Not Responsible For PTD Because Claimant’s Subsequent Injury Was Not Related to Work Accident

Employer Responsible for Disc Bulge While Claimant Was Working For Them But Not Responsible For Herniation Two Years After Claimant Left Work

Employer Responsible for PTD After Claimant Worked 38 Years As Electrician and Unable to Return to Electrical Work Due To Lifting Restriction

Video Surveillance Not Admissible at Hearing Since Employer Did Not Comply With Continuing Request for Production

Employer Responsible for PTD Benefits Because Claimant Was PTD Before Second Work Injury

Unexplained (Idiopathic) Fall Compensable When Nature of Employment Causes Risk to Claimant

Claimant’s Fall Down Steps Not Compensable

Claim Denied Because Claimant Could Not Identify Specific Activity that Caused His Injury

Claimant Slip/Fall While Walking in Public Street on Lunch Break Denied

Claimant, a Traveling Surveillance Employee, Sustained Compensable Fall in Public Bathroom

Returning to Work Does Not Mean Claimant is Employable on Open Labor Market

Commission Awards TTD Benefits While Claimant Recovers From Injury and is Working for Friend But Not the Employer

Contract Waiving Workers’ Compensation Benefits Signed by Claimant Did Not Establish Claimant Refused a Drug Test Because the Contract Did Not Contain Language to That Effect

Non-Forensic Drug Tests Are Not Persuasive Enough

Employer/Insurer Responsible for Additional Treatment to Cure and Relieve Effects of Work Injury Only if Claimant Requests it

October 2014 - December 2014

Claim Denied Due to Inconsistencies Between Claimant’s Testimony and the Records

Repetitive Motion Claim Denied Because Employer/Insurer’s Expert Found More Credible Because He Reviewed More Records

Carpal Tunnel Claim Denied Because Employer/Insurer’s Expert More Credible Because He Reviewed the Claimant’s Job Duties

Pro Se Claimant Awarded Only 15% Disability of Shoulder Because His Expert’s Rating Did Not Distinguish Between Pre-existing and Current Disability

Video of Claimant’s Job Duties Must Be an Accurate Representation

Without Expert Testimony Claimant Can Not Establish Causation

Claim Compensable Because Lease Grants Exclusive Use of Parking Lot

Claim Compensable Because Employer Exercised Power by Removing Snow From the Parking Lot it Leased

Safety Violation by Employer Only Results in a Penalty if the Violation Caused the Claimant’s Injury

Under Old Law Employer Can Not Terminate Benefits on its own Because Claimant Refused to Submit for Medical Examination

Claim Not Compensable Because Accident Only a Precipitating Factor in Causing the Claimant’s Hypertensive Crisis

Unexplained Fall Found Not Compensable

ALJ Can Not Award PPD if Claimant Not at MMI; Occupational Disease Found Not Compensable Because No Symptoms Prior to Alleged Date of Injury

For Occupational Diseases, the Statute of Limitations Begins to Run When Diagnostician Connects the Condition to Work - Claimant’s Personal Belief That Condition is Work-Related Has No Effect

Employer/Insurer Responsible for Modifications to Vehicle and for Difference in Cost of Average Automobile and the Van Purchased

Employer/Insurer May be Responsible for Past Medical Expenses Even if Claimant Treated on Her Own Hernia Pre-Existing the Work Injury Not Compensable

Seasonal Workers Are Only “Employees” if They Were “Furnished” to the Employer by Third Party

Fund Not Liable if PTD from Last Injury Alone

Obesity Can Constitute a Pre-Existing Disability

July 2014 - September 2014

Absent a Showing of Fraud, Undue Influence, or Violation of a Party’s Rights, the Commission Must Approve a Voluntary Settlement

Returning to Work Post-Injury Does Not Preclude Finding of PTD

Despite Claimant’s Expert Testimony That He Was PTD as a Result of Prior Injuries and His Work Injury, Commission Can Still Find Him PTD as a Result of Work Injury Alone

Poor Academic Record Does Not Create Permanent Learning Disability to Establish Pre-Existing Condition

The First Question is Whether the Claimant is PTD From the Last Injury Alone

Treating Physician More Credible than Employer’s Five Experts

Unless Squarely Contradicted, Expert Testimony will be Found Credible

Surgical Physician More Credible on Causation

Expert’s Revision of Their Report Does Not Impair Credibility if Based on New Records

Claimant’s Constantly Changing Story Impaired Credibility and Prevented Him From Satisfying His Burden of Proof

Determination of Whether Claimant Was Injured In Scope and Course of Employment is Whether She Was Injured Because She Was at Work Not Merely While She Was at Work

Following Termination, Employee is Allowed a “Reasonable Time” to Leave Employer’s Premises Before Employment Relationship is Severed

Fall on Icy Parking Lot Found Compensable

Finding of Employer-Employee Relationship Requires the Employee to Be in the Service and Control of the Employer

Eight Factors Determine Whether Worker is an Employee or Independent Contractor

Claimant Bears the Burden of Proof

Job Duties Need Not Be Strenuous to Meet Burden of Proving Occupational Disease

Statute of Limitations Begins to Run When the Employer-Insurer Make the Last Payment on the Claim

Losing at a Hearing on an Accident Claim Does Not Bar Claimant From Bringing an Occupational Disease Claim For the Same Injury

Minor Subsequent Injury Can Expose Employer to PTD Liability

To Impose Liability Against the Fund, Claimant’s Prior Injuries Need Not Be at MMI at Time of Primary Injury if Claimant Seeks PTD Benefits

Test For Fund Liability is the Potential That the Pre-Existing Condition May Combine with the Work Injury to Result in Greater Disability

Exclusivity of Division’s Jurisdiction Should Be Raised as an Affirmative Defense

Civil Claim For Co-Employee Negligence Requires “Something More”

April 2014 - June 2014

Retaliatory Discharge Standard Change To “Contributing Factor”

To Recover For Acts of Co-Employee Negligence Between 2005 and 2012, Clamant Need Only Show the Co-Employee Owed Him/Her a Duty of Care

Replacement Crowns Considered Future Medical Not Disfigurement

Pre-Existing Disability Should Be Evaluated Based on Potential to Combine With Work Injury in the Future Rather Than Past Issues

SIF Has the Ability to Depose Its Own Experts

Must First Look to Last Injury Alone to Determine Whether SIF or Employer is Responsible for PTD Benefits

Claimant Has Burden of Proving Jurisdiction

Claimant Found PTD as a Result of His 2004 Injury Despite the Fact That He Continued to Work and Had a Subsequent 2005 Injury

The Commission Determines Credibility of Experts

The Commission Need Not Adopt Every Aspect of an Expert’s Testimony If the Claimant Settles a Third Party Claim Before the Workers’ Compensation Claim the Dollar-For-Dollar Credit Applies to Future Benefits Not Past Unpaid Benefits

Employer Responsible For PTD Benefits After Claimant Sustained Hand Injury

Extension of Premises Doctrine Still Alive

Aggravation of Underlying Disease Means Work Injury Not The Prevailing Factor

Shoulder Injury Compensable Despite Only One Record Two Weeks After the Injury Noting Shoulder Pain

Under Strict Construction Principal Place of Business Can Only Be One Place

Unexplained Fall Not Compensable

Claimant Lacked Credibility and Failed to Meet his Burden

Only Need to Show Future Medical Treatment is Reasonably Required to Cure and Relieve the Effects of the Injury

January 2014 - March 2014

Court Defers to Commission on Credibility and Findings of Fact
If Claimant is Placed at MMI and Continues to Treat the Issue of When Claimant Actually was or is at MMI can be Disputed
Claimant Not PTD Prior to Last Injury Because Could Compete in Open Labor Market Without Any Accommodation
Claim Compensable When Claimant Tripped and Fell While Walking Across Street
Claimant PTD Because Credibly Testified That Needed to Recline Frequently
Throughout Day to Relieve Pain
Employer Responsible for All Past Medical Expenses Reasonably Required to Cure and Relieve Effects of Work Injury
Claimant Not PTD Prior to Work Injury
Claimants are Not Entitled to Pre-Judgment Interest
Must First Look to Last Injury Alone to Determine Whether SIF or Employer is Responsible for PTD Benefits
Credibility is Determination of Commission
Claim Compensable When Claimant Walking Across Parking Lot to Take Trash Out and Smoke Cigarette
Claimant Gave Proper Notice When Filed Claim Prior to Diagnostician Connecting Condition to Job Duties
Claim Denied Because Claimant’s Testimony Was Inconsistent With Medical Records and Claimant Had History of Prior and Subsequent Injuries
Claimant PTD Because Vocational Expert Not Credible Because Did Not Use Correct Standard
Claimant Found PTD Despite the Fact That He Worked For Employer For Over Two Years after Injury
Motor Vehicle Accident Found to be In Course and Scope of Employment
Claimant’s Fusion Related to Work Injury Despite Prior Herniations and Symptoms On and Off For Two Years Prior to Injury

October 2013-December 2013

Court Will Not Substitute Its Judgment on the Issue of Expert Credibility, Even if It Would Have Reached a Different Conclusion than Commission
Commission Cannot Commute Weekly Benefits to Lump Sum Unless It’s in the Best Interests of Claimant or Claimant’s Dependents
Workers’ Compensation is Exclusive Remedy For Claimant Against Statutory Employer
At least One Disability has to Meet the Threshold for Fund Liability, however, Once Threshold is Met All Pre-existing Conditions are Considered when Determining the Amount of the Fund’s Liability
Pro Se Claimant Must Follow Evidentiary Rules of Evidence At Hearing
Employee Found Not to Be Aggressor and Claim Compensable
Claimant’s Repetitive Motion Claim Denied Because Long History of Back Pain and Claimant Only had Back Intensive Job Duties for One Month Before Seeing Doctor
Despite Claimant’s Pre-existing Conditions, Fusion Found to be Necessary to Cure and Relieve Claimant From Effects of Work Injury
Employer Responsible for PTD Benefits After Non-surgical Low Back Injury, Despite Claimant’s Numerous Pre-existing Conditions Including Two Fusions
Claimant’s Need for Another Procedure Due to Pre-existing Conditions Not Work Injury
Claimant’s Fusion Needed to Cure and Relieve Him From Effects of Work Related Back Sprain
Claim Denied Because Claimant’s Symptoms Began After She Stopped Working For Employer
Claim Dismissed Because Not Timely Filed
Commission Affirmed Decision of ALJ Denying Claim Because Witnesses Found to be More Credible than Claimant
Claimant PTD as Result of Wrist Fracture and RSD

July 2013-September 2013

Claim Denied Because Claimant Did Not Prove Fall Came From Hazard Related To Employment
Claimant Entitled to PPD Benefits not PTD Benefits
Claimant PTD Because No Employer Could Reasonably Be Expected to Hire Him
Claimant’s Job Duties Were A Substantial Factor in Causing His Heart Attack Which Caused His Death
To Win a Retaliation Suit Claimant Has to Prove that Exercising His Rights Under Workers’ Compensation Was the SOLE Reason for His Termination
Employer Not Insurer Has Right to Direct Treatment
Claimant Has to Prove Employer Not Prejudiced By Lack of Notice Before Burden Shifts To Employer to Prove Prejudice
Widow Entitled to Entire Benefit Amount For Two Years When Remarry
Claimant Assaulted and Killed By Boyfriend at Work Found Not Compensable and Parents Could Pursue Wrongful Death Suit against Employer
Commission Has Statutory Authority to Approve Settlement
Attorney’s Fee Lien Has Priority Over Department of Social Services Lien
Employer Not Responsible For Unauthorized Treatment Because Claimant Did Not Ask For Treatment
Fall on Stairs Found To Be Compensable Because Had to Use Stairs to Access Tower
Rotator Cuff Tear Related to Prior Injury Not Work Injuries
Carpal Tunnel Compensable Because No Evidence that Condition Was Caused By Anything Other Than Job Duties
Horseplay Found Compensable and Claimant Awarded Medical Treatment and Disfigurement Equal To Cost of Medical Treatment
Commission Reversed Decision of ALJ Denying Benefits for Carpal Tunnel Syndrome
Commission Reversed ALJ’s Award Denying That Rotator Cuff Was Due To Occupational Disease
Personal Assault on Employer’s Parking Lot Not Compensable
Claimant PTD Because Surveillance Was Not Persuasive Since Only Showed Limited Activity
Claimant’s Live Testimony More Credible Than Employer’s Affidavit
Claimant’s Date of Injury Determines Whether Dependents Are Entitled to Benefits
Plantar Fasciitis After 13 Hour Shift Found To Be Compensable Accident
Claimant’s Job Duties as EMT Caused Injury to His Back and Shoulder By Occupational Disease
Claimant’s Deposition Testimony Could Not Be Used In Lieu of His Live Testimony
Fall Down Step Not Compensable Because Not Hazard or Risk Related to Employment, Claimant Simply Missed Step

April 2013-June 2013

One Medical Opinion Relating an Occupational Disease to a Job is Sufficient For Claim to be Found Compensable
Claim Denied Because Claimant Not An Employee Nor Statutory Employee
Fund Has No Liability Because Claimant was PTD Prior to Last Work Injury
Appellate Court Only Has Jurisdiction to Review Commission’s Final Award, Not Temporary Award
Minor Dependents Entitled to Continuing PTD Benefits for Life (Applies only if Claim was pending from January 9, 2007 through June 26, 2008)
VA Entitled to Become a Party in a Workers’ Compensation
Employer Found Responsible for PTD Benefits After Conservatively Treated Back Injury
Commission Can Only Double Benefits Awarded by ALJ and Unpaid By Employer
Claimant on Job Site Walking to Truck and Tripping Over Pile of Dirt Found Compensable
Claimant PTD Due to Work Injury and Prior Shoulder Injury
Employer Not Entitled to Reduction in Benefits for Drug Violation
Claimant Sustained Accident However No Disability Since Treating With Injections Weeks Prior to Injury

January 2013 - March 2013

Percentage of Disability Alleged in Claim Not Deemed Admitted if Employer Does Not File Answer Timely
Commission Has Authority to Review Temporary Award of ALJ and Issue Final Award if Employer Initially Denied ALL Liability
SIF Cannot Be Compelled to Pay a Claimant Benefits Because the SIF is Insolvent
Injury in Parking Lot Compensable because Employer Owned, Maintained and Controlled Lot
Fall on Employer's Parking Lot Curb Not Compensable
Doctor Not Credible because Changed Opinion on Cross-examination
Costs Awarded Against Employer Because Employer Denied Claim Without Any Investigation
If Doctor Doesn't Address Future Medical Treatment Cannot Assume that Doctor Does Not Believe Future Treatment is Needed
Claimant Found Not Credible Therefore Examining Doctors Not Credible
Employer Not Entitled to Reduction for Safety Violation Because Did Not Make Effort to Insure Rule was Followed
Claim Denied Because Claimant Found Not Credible
Claimant Found to Be Employee Not Independent Contractor Because Employer Had Right to Control Work
No Evidence for ALJ's Award of TTD and ALJ May Order a Change in Provider But Cannot Direct Employer to Use Specific Provider

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