Supreme Court of Missouri / Feb 19, 2020
Vincent Hegger (Deceased), et al., Appellants, vs. Valley Farm Dairy Company, et al., Respondents.
The children of deceased employee Vincent Hegger appealed a decision denying enhanced mesothelioma benefits under section 287.200.4(3)(a) of the workers' compensation law. Hegger was exposed to asbestos while working for Valley Farm Dairy Company, which ceased operations in 1998, before the enhanced benefit statute took effect in 2014. The Missouri Supreme Court affirmed the commission's decision, holding that Valley Farm could not have affirmatively elected to accept enhanced liability under a statute that did not exist during its operation, as the term "elect" requires an affirmative act.