Missouri Court of Appeals, Southern District / Apr 20, 2021
ANDREW HALSEY and TAMMY KENNEDY, Appellants vs. TOWNSEND TREE SERVICE COMPANY, LLC., Respondent
Andrew Halsey and Tammy Kennedy appealed the Labor and Industrial Relations Commission's award, which found their son's death was a compensable injury by accident under workers' compensation law. The parents argued the Commission erred in finding an "accident" and in its application of the "idiopathic causes" exception, specifically regarding the burden of proof and the causal link of obesity. The appellate court affirmed the Commission's award, finding sufficient evidence for the "accident" and concluding that while the Commission erred on the burden of proof for idiopathic causes, the parents failed to meet their burden of production to show "but for" causation for obesity.