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Workers Compensation Defense

Missouri Governor Appoints New Chairman of the Labor and Industrial Relations Commission

I am very pleased to report that Missouri Gov. Mike Parson has appointed State Representative Robert Cornejo (Republican, St. Peters) to become the new Chairman of the Labor and Industrial Relations Commission, effective today. I’ve been told that Rep. Cornejo has resigned from the Missouri House of Representatives and will be sworn in as the Read More

MO Workers Comp Update – Industrial Commission Upholds Defense Award for Unexplained Fall

On August 17, 2018, the Missouri Industrial Commission upheld a defense award based on an unexplained fall.  The case, entitled Juanita Wall v. Bass Pro, can be read by clicking here. In this case, the claimant fell while walking down an aisle at Bass Pro. The accident was recorded on video, and the claimant suffered Read More

Illinois Comp Update – IL House/Senate passes bill forcing carriers pay interest on unpaid/disputed medical bills

On June 29, 2018, the Illinois House and Senate passed Senate Bill 904 and sent it to the Governor for his signature or veto.  You can read the final version of SB 904 by clicking here. The focus of SB 904 is this – – Employers and Insurers would be required to pay medical bills Read More

Missouri Industrial Commission awards $200,000 for “companion care” to claimant’s spouse

WARNING…PLEASE ENSURE THAT YOU ARE SEATED AND PLEASE REFRAIN FROM HOLDING HOT COFFEE WHILE READING THIS UPDATE. This decision was rendered by the Industrial Commission on July 3, 2018. Claimant was involved in a single-vehicle accident in 2007 when the tractor trailer he was driving overturned. Claimant was not seriously injured in the accident, but Read More

MO Workers Comp Commission awards death benefits for ankle injury

Today, the MO Industrial Commission continued its streak of bad decisions. I have attached a copy of the decision from the Commission in Knutter v. American National Insurance.  Click here to read the decision. Claimant suffered an ankle injury and was in a wheelchair for 6 weeks following the ankle injury. While on the toilet Read More

Illinois Court of Appeals finds fall on stairs to be non-compensable

The Illinois Court of Appeals recently decided the case of Lampert v. IWCC.  You can read the entire decision by clicking here. FACTS Petitioner was a registered nurse, and after working a full shift at the hospital she clocked out and headed to the parking lot. She exited the hospital to a set of carpeted Read More

MO Industrial Commission awards benefits to Firefighter for non-Hodgkin’s lymphoma

On June 15, the Missouri Industrial Commission rendered a decision in the case of  David Cheney (deceased) v. City of Gladstone.  You can read the entire decision by clicking here. Claimant was a firefighter for the City of Gladstone, contracted non-Hodgkin’s lymphoma, and died. The Administrative Law Judge denied benefits to the surviving spouse because Read More

Illinois – Research Confirms that IL is one of the costliest states for workers comp claims

The Workers Compensation Research Institute just completed a multi-year comparison of workers compensation costs in more than 17 states, including Illinois.  The results are not surprising to anyone who handles Illinois workers compensation claims – – IL claims cost more than in most every other state. The Insurance Journal published a summary of the research, Read More

Illinois House OK’s Bill to Create State-Financed Workers Comp Insurer

The Illinois’ House of Representatives has passed a bill that would create a state-created insurance company with the intention of driving down workers’ compensation insurance costs in the state. The bill would create the Illinois Employers Mutual Insurance Company. Startup funding would come from the Illinois Workers’ Compensation Commission Operations Fund. This would presumably be Read More

MO COA Gives Guidelines on How to Reduce Comp Benefits for Safety Rule Violations

Under § 287.120.5, employees can be penalized for violations of safety rules and can have their benefits reduced by up to 50%. But when is the Employer entitled to reduce these benefits? In the recent decision from the Missouri Court of Appeals in Elsworth v. Wayne County (April 24, 2018) (click here to read), the Read More