Dontarius J. Marks Missouri Cases

Dontarius Marks appealed the Labor and Industrial Relations Commission's denial of his workers' compensation claim for a knee injury sustained while descending stairs at work. Marks argued the injury arose out of employment, that he was not equally exposed to the risk of stairs in non-employment life, and that the finding he was only exposed to the risk of walking down stairs lacked sufficient evidence. The appellate court affirmed the Commission's award, finding that Marks failed to present credible evidence that his work activity increased the risk of injury beyond his normal non-employment life, and deferring to the Commission's credibility determination regarding his inconsistent testimony.