Supreme Court of Missouri / Dec 21, 2021
Gary Boothe, Jr., Appellant, vs. DISH Network, Inc., Respondent.
Gary Boothe, Jr., a Field Service Specialist for DISH Network, Inc., appealed the denial of workers' compensation benefits after he choked on a breakfast sandwich while driving a company vehicle, blacked out, and crashed. The Labor and Industrial Relations Commission denied benefits, finding the injury did not arise out of and in the course of his employment. The Missouri Supreme Court affirmed the Commission's decision, holding that Boothe failed to establish the injury's risk source (eating while driving) was related to his employment and that he was not equally exposed to that risk in nonemployment life, as required by section 287.020.3(2)(b).