I have handled well over 100 Missouri Workers' Compensation claims involving claims for work injuries and occupational diseases seeking all aspects of benefits recoverable under Missouri Workers' Compensation law. Listed below is a sampling of some of these claims.
Kurt S. v. Yellow Freight Systems, Inc. and Second Injury Fund: Workers' compensation claim for increasingly degenerative back condition due to repetitive heavy lifting and loading of delivery trucks which ultimately resulted in two separate back surgeries and change in employment. Defendant employer denied that work was a substantial contributing factor in causing these conditions. Settlement reached the day before hearing:
$110,000 from employer and $20,000 from Second Injury Fund.
Jericah B. v. Ford Motor Company: Workers' compensation claim for benefits as a result of carpal tunnel syndrome due to repetative use of hands on assembly line. Defendant employer denied the claim because employee had previously settled a bilateral wrist tendonitis workers'compensation claim against employer, and employer contended that the prior settlement extinguished the new claim. Award entered on hearing:
$10,616 for permanent partial disability benefits representing new disability in addition to that which was accounted for by the prior settlement.
Larry R. v. Smith Environmental Technologies: Workers' compensation claim for benefits due to injury employee suffered after being hit on the head with a 70-pound roll of plastic. After a few days, employee began experiencing dizziness and lapses in concentration which were ultimately diagnosed as mild traumatic brain injury. Defendant employer denied the severity of claimant's injuries. Settlement reached at hearing:
$125,000.
Tony R. v. Hussman Refrigerator Co.: Workers' Compensation claim for benefits due to back injury employee suffered as a result of constant repetitive lifting and twisting resulting in bulging lumbar discs which did not require surgery. As a result of the pain and limitations which were permenent, the 38 year old employee filed a claim for benefits for permanent total disability. The claim for the primary injury against the Employer was settled for $24,000, and the case proceeded to trial against the State Second Injury Fund for permanent total disability benefits as a result of the primary injury combining with prior back disability. At trial, the administrative law judge awarded benefits to employee in the amount of $435.20 per week for the rest of his life. The award was affirmed by the Labor and Industrial Relations Commission. The Second Injury Fund appealed to the Missouri Court of Appeals which entered its opinion affirming the award. See case site under "General Civil Trial and Appellate Practice" section herein.
Rosalyn S. v. Integram and Second Injury Fund: Workers' Compensation claim for permanent total disability benefits due to occupational asthma as a result of chemical inhalation at foam seating assembly plant. Initially denied these benefits by the administrative law judge at hearing, Employee was awarded permanent total disability benefits by the Missouri Labor and Industrial Relations Commission after appeal. Subsequent to that ruling, and just prior to appeal to the Missouri Court of Appeals by the Missouri Attorney General's Office on behalf of the Second Injury Fund, employee was killed in a car accident which was unrelated to her work injury. The Court of Appeals affirmed the award of permanent total disability benefits to employee.
See General Civil/Appelate Practice link for case citation.
Strait v. Treasurer of Missouri: The State's Second Injury Fund sought to terminate permanent disability benefits as of the date of employee's death. Employee's children appealed to the Missouri Supreme Court which ruled that the surviving children were entitled to receive employees disability benefits for their lifetime.
See General Civil Trial/Appelate Practice link for case citation.
click here for YouTube video of oral arugment before Missouri Supreme Court (beginning at 6:40)
Faculty speaker - Advanced Workers' Compensation seminar sponsored by Sterling Educational Services, LLC given April 23, 2003, St. Louis, Missouri. Provided case law and written materials and gave oral presentation to attorneys and insurance adjusters on the topic of "Settlement Strategies in Multi-Issue Cases."
Neither the Supreme Court of Missouri nor the Missouri Bar reviews or approves specialist designations. Further, past results afford no guarantee of future results and every case is different and must be judged on its own merits.