DISH NETWORK, INC., Employer- Missouri Cases

Gary Boothe, an installer for DISH Network, Inc., was injured in a single-car accident while driving a company van to his first job of the day, after choking on a breakfast sandwich. The Labor and Industrial Relations Commission denied his workers' compensation claim, finding the risk source was his decision to eat while driving, a risk unrelated to employment. The appellate court reversed, holding that the risk source was the inherent road and driving conditions of his employment, and that a safety rule violation only reduces, not eliminates, compensation. The case was remanded for further proceedings.