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Workers Compensation Defense

Missouri Governor Appoints Reid Forrester to the Industrial Commission

Here is the press release from the Governor’s office on Friday to fill the Employer’s Representative slot on the Industrial Commission: Reid Forrester, of Jefferson City, was appointed to the Labor and Industrial Relations Committee. Forrester served as Chief of Staff in the Office of the Missouri Lieutenant Governor from 2014 to 2017. Prior to Read More

Missouri Industrial Commission affirms award to police officer for off-duty fitness training injury

Austin Reiter v. Kansas City Police Department, April 12, 2018 (click HERE to read the entire decision) A Kansas City Police Officer fell and injured his knee while participating in an off-duty activity that involved running through an obstacle course.  If officers could demonstrate a proficiency in navigating the obstacle course within a specific time frame, Read More

MO Supreme Court All But Eliminates Co-Employee Liability

Update on Missouri Comp/Liability law Less than two years after leaving open a narrow window for injured employees to sue their co-workers for injuries sustained at work, the Missouri Supreme Court may have all but closed it. On March 6, 2018, the Missouri Supreme Court issued three opinions in cases involving four injured workers who Read More

Illinois Comp Bill would help Employers/Insurers manage Claimants’ opioid usage

Illinois Legislative Update: House Bill 5240 ( click here to read it) would amend the Workers’ Compensation Act by requiring a claimant who receives certain pain management medication to sign a written agreement with the prescribing physician agreeing to comply with the conditions of the prescription. Prohibits additional prescriptions while the recipient is non-compliant. Limits Read More

MO Workers Comp: Claimant found permanently and totally disabled from changing bed sheets

On January 30, 2018, the Industrial Commission handed down an  appalling decision in Kalajdzic v. St. Louis Children’s Hospital (January 30, 2018).  (To read the decision, click HERE ) Claimant alleges she was injured changing bed sheets and underwent lumbar disc surgery. She also alleged that she had psychiatric issues due to ongoing complaints of Read More

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