Missouri Court of Appeals, Eastern District / Sep 22, 2020
Joan Moore Hayden, Surviving Spouse of Marc Hayden (Deceased), Appellant, vs. Cut-Zaven, Ltd. and Papillion, Ltd., Respondents.
Joan Moore Hayden, surviving spouse of Marc Hayden, appealed the Labor and Industrial Relations Commission's denial of workers' compensation benefits for Mr. Hayden's mesothelioma, which he attributed to asbestos exposure from hair dryers during his employment. The Commission had affirmed the ALJ's denial, finding the employers' expert more persuasive and setting the date of injury. The appellate court reversed and remanded, holding that the Commission applied incorrect legal standards for medical causation and date of injury, and that its findings were not supported by sufficient competent evidence. The court also modified the date of injury to June 26, 2014.