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Recent Blog Posts

MO Workers Comp: Court of Appeals Affirms Horseplay is NOT Compensable

The Missouri Court of Appeals rendered a decision on June 29, 2017,  in the case of Hedrick v. Big O Tires – – concluding that horseplay injuries are NOT compensable. Claimant was engaging in horseplay when he intentionally set a can of clue on fire. The can exploded and claimant was injured. The focus of Read More

MO Workers Comp: Industrial Commission moves SIF combination liability to Employers

The controversial decision by the MO Industrial Commission Cosby v. Drake (click HERE to read it), was handed down on August 16, 2017. This is a DEPLORABLE decision which could adversely impact Employers/Insurers throughout the State of Missouri. Quick background: in 2014 the Missouri work comp law section 287.220 was changed to reduce liability against Read More

MO Workers Comp: Injuries While Playing Basketball on Break found Compensable

In Gruender v. University of MO (September 2017), the Commission held that claimant’s injuries that occurred while on a break – — WHILE PLAYING BASKETBALL, are compensable. Why? Two reasons: 1. She was injured during a paid break, and 2. She was wearing NON-SLIP SHOES (insert joke here) required by the employer, and since she Read More

IL Workers Comp: Court of Appeals Articulates Standard for Aggravation of Pre-Existing Conditions

Regarding: Schroeder v. IWCC (2017). So many claims hinge on whether the Petitioner’s condition was caused by the alleged work accident or a pre-existing condition. The attached August decision from the Illinois Court of Appeals is not a statement of any new legal standard, but it does contain a clear and concise explanation of how Read More

MO Workers Comp: Supreme Court upholds “unusual and extraordinary” test

September 12, 2017, the MO Supreme Court issues its ruling in Mantia v. MO Dept. of Transportation. Quick background: Mantia’s job as an accident investigator often exposed her to bodies of those were killed in automobile accidents. This is what is called a “mental – mental” claim…no physical injury, but mental injury arising out of Read More

IL Workers Comp: Court of Appeals Affirms “No Greater Risk” defense

The Illinois Court of Appeals reached a decision in the attached case of Dukich v. IWCC on September 19, 2017, affirming the “No Greater Risk” defense. The Court of Appeals held that where the employer’s parking lot was free of any ice or snow and had no defects on the paved surface where the claimant Read More

Missouri: Using Workers Compensation Legal ABC’s To Stay Out of Hot Water

A.    How Claims Work Which Employers are Covered Under the Missouri Workers Compensation Act? The Missouri Workers’ Compensation Law applies to employers with 5 or more employees and “construction industry” employers with 1 employee or more.  §287.030, RSMo. Under the Missouri Workers’ Compensation Law, an employee who suffers an injury or contracts an occupational Read More

Workers Comp Decisions Define Irony

Irony is truly all around us.  For example, did you know that the Bible is the most shoplifted book in America?  How about this – – Sweden’s famous Ice Hotel is required by law to have operational smoke detectors.  You may not know that in medical terminology, the condition of not being able to pronounce Read More

Wrongful Discharge

In 2010, the Missouri Supreme Court decided three important cases on the doctrine of wrongful termination in violation of public policy. Two cases clearly favored employees, easing their burden of proof in one and extending the right to sue to a broader range of employees in the other. The third provided some limits on this Read More

Wrongful Discharge Law: Three Key 2010 Missouri Supreme Court Decisions

In 2010, the Missouri Supreme Court decided three important cases on the doctrine of wrongful termination in violation of public policy. Two cases clearly favored employees, easing their burden of proof in one and extending the right to sue to a broader range of employees in the other. The third provided some limits on this Read More