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MO Workers Comp Update: COA reverses denial of a claim where the claimant crashed his car while eating

Missouri Workers Compensation Update The Missouri Court of Appeals issued a decision in Gary Booth Jr. v. Dish Network on December 29, 2020 (click HERE to read the entire decision), holding that a car accident that occurred after the employee choked on his breakfast sandwich (while driving) was a compensable injury. BRIEF FACTS Claimant was Read More

COVID Vaccination Policies have Workers Compensation Implications

WORKERS COMPENSATION UPDATE (Read time – 3 minutes) As you may know, Employers CAN require employees to get the Covid-19 vaccine (subject to exemptions related to ADA issues and religious objections).   If the Employer can demonstrate that the vaccination is job-related and consistent with a business necessity, Employers can require all or even selected employees Read More

MO Workers Comp Update – Industrial Commission Strengthens Post-Injury Misconduct Defense

MISSOURI WORKERS COMPENSATION UPDATE The Industrial Commission issued an award this week in Paxton v. Little Sisters of the Poor ( Click HERE to read the entire decision). In doing so, the Commission strengthened the ability for Employers/Insurers to assert the Post-Injury Misconduct Defense and avoid the payment of TTD and/or TPD benefits to a Read More

MO Workers Compensation Defense: Use Caution when terminating TTD benefits for “Post-Injury Misconduct”

MO Workers Compensation Update  (read time: 3 minutes) The Missouri Court of Appeals recently reversed an award that was favorable to an Employer related to the termination of TTD benefits in Hicks v. Dept. of Corrections (March 2020). BACKGROUND Here, claimant injured his shoulder and underwent surgical repair.  The treating doctor eventually released claimant to full duty Read More

IL Supreme Ct rules that an injury from a simple body movement can be compensable

ILLNOIS Workers Comp Update: The Supreme Court of Illinois recently reached a decision that moves Illinois one step closer to making any pain or problem experienced during the work day a compensable injury. In the decision, Kevin McAllister v. IWCC, claimant felt pain in his knee after he knelt to the floor to look for Read More

Illinois Industrial Commission Emergency Order creates rebuttable presumption of compensability for Covid-19

Today (Monday, April 13, 2020), the Illinois Workers’ Compensation Commission (IWCC) voted overwhelmingly (9-0-1) to approve a new emergency rule that would create a rebuttable presumption that the workplace was the cause of a person getting the COVID-19 virus.  (Click HERE to read the actual order) In essence, this means that any employee of an Read More

How to Analyze and Investigate Covid-19 Workers Compensation Claims

With the entire world focused on Covid-19, we know that it will simply be a matter of time before Covid-19 is alleged to be a work-related condition.  Given this reality, clients have been calling and emailing me, asking: How do we investigate whether a claimant contracted Covid-19 in the workplace? What is the burden of Read More

Is COVID-19 a Recordable Illness for Purposes of OSHA Logs?

I have been receiving this question from multiple employers recently – – Is COVID-19 a recordable illness for purposes of OSHA Logs? OSHA recently published guidance on this issue. OSHA record-keeping requirements mandate covered employers record certain work-related injuries and illnesses on their OSHA 300 log. You must record instances of workers contracting COVID-19 if Read More

Coronavirus – The Workers Compensation Perspective

Coronavirus – The Workers Compensation Perspective I have been contacted by multiple employers and insurance carriers over the past week, asking how a potential coronavirus outbreak would be handled from a workers compensation perspective in Missouri and Illinois. Let me first say this: the medical evidence related to the coronavirus is very clear – – Read More

MO Legal Update – bill would allow Employers to prohibit Employees from using Medical Marijuana

Missouri Workers Compensation Update Hearings were held during the last week of February, 2020, on legislation that would allow employers to test employees and prospective employees for medical marijuana, and give employers the discretion to act based on the test results.  You can read Senate Bill 610 by clicking HERE. It would also allow employers Read More