Supreme Court of Missouri / May 22, 2018
Accident Fund Insurance Company; E.J. Cody Company, Inc., Respondents-Appellants, vs. Robert Casey, Employee/Dolores Murphy, Appellant-Respondent.
Robert Casey died from mesothelioma, and his widow, Dolores Murphy, pursued a claim for enhanced workers' compensation benefits against his last employer, E.J. Cody Company, Inc., and its insurer, Accident Fund Insurance Company. The Labor and Industrial Relations Commission awarded benefits to Ms. Murphy but excluded Mr. Casey's eight adult children. On appeal, the Missouri Supreme Court affirmed the Commission's decision as modified, holding that the insurer was liable for the enhanced benefits, the relevant statute was constitutional as applied, and Mr. Casey's eight children should be included as beneficiaries in the final award.