Missouri Court of Appeals, Eastern District / Oct 21, 2025
John Tippit appealed the Labor and Industrial Relations Commission's decision to dismiss his application for review as untimely, which stemmed from an Administrative Law Judge's dismissal of his workers' compensation claim against the Second Injury Fund for failure to prosecute. The appellate court reversed the Commission's finding that Tippit's application was untimely. It held that the Division of Workers' Compensation failed to prove it properly mailed the Order of Dismissal in compliance with statutory notice requirements, thus the 20-day period for filing an application for review never began to run. The case was remanded to the Commission to determine whether Tippit had good cause for failing to respond to the show-cause notice and for failing to prosecute his claim.
Missouri Court of Appeals, Eastern District / Sep 30, 2025
David Kell filed a petition in the circuit court seeking to correct a clerical error in a workers' compensation settlement agreement with Walker Recycling Company, LLC, and to have the court enter judgment on the corrected settlement. The circuit court granted Kell's petition, correcting the employer's name and entering judgment for Kell. Walker Recycling appealed, arguing the judgment lacked substantial evidence, that Kell was not its employee, and that the court lacked authority to modify the settlement. The appellate court affirmed the circuit court's judgment.
Missouri Court of Appeals, Southern District / Sep 24, 2025
Robert Byers, a truck driver, appealed the Labor and Industrial Relations Commission's award of permanent partial disability (PPD) benefits, contending that the evidence overwhelmingly proved he was permanently and totally disabled (PTD). The Commission had found Byers not credible based on surveillance video and rejected his experts' opinions, instead relying on the employer's medical expert. The appellate court affirmed the Commission's award, holding that it was supported by competent and substantial evidence and that the court would not substitute its judgment on witness credibility or the weight of competing medical opinions.
Missouri Court of Appeals, Eastern District / Sep 2, 2025
Alana Hauck sought service-connected disability retirement benefits from The Police Retirement System of St. Louis (PRS), which denied her application. The circuit court reversed PRS's decision, and PRS appealed. The appellate court affirmed the circuit court's judgment, holding that PRS erred by improperly applying alleged symptom magnification to the exclusivity requirement for benefits. The case was remanded to PRS for reconsideration of whether Hauck's incapacitation was the exclusive result of her work accident, and Hauck's motion for attorney's fees was denied.
Missouri Court of Appeals, Eastern District / Jun 17, 2025
The Treasurer of the State of Missouri, as Custodian of the Second Injury Fund (SIF), appealed the Labor and Industrial Relations Commission's award of permanent total disability benefits to Brian White. White's award was based on a chest injury combined with a preexisting occupational shoulder disease. The appellate court reversed and remanded, holding that occupational diseases do not qualify as a preexisting disability for SIF liability under § 287.220.3(2)(a)a(ii), consistent with a recent Supreme Court of Missouri decision. The case was remanded for the Commission to consider other potential bases for SIF liability.
Missouri Court of Appeals, Eastern District / May 27, 2025
Jeremy Jarvis appealed the Labor and Industrial Relations Commission's denial of his claim against the Second Injury Fund. Jarvis, an iron worker, sustained a primary work injury in 2015, which he argued, when combined with preexisting disabilities, rendered him permanently and totally disabled. The Commission denied benefits, finding that one of Jarvis's three preexisting disabilities did not meet the statutory fifty-week permanent partial disability threshold. The appellate court affirmed, holding that the Commission did not err in its application of the law or in finding its decision supported by competent and substantial evidence, as a claimant cannot rely on a non-qualifying preexisting disability for Fund benefits.
Supreme Court of Missouri / Apr 29, 2025
James Eckardt appealed the Labor and Industrial Relations Commission's denial of permanent total disability (PTD) benefits from the Second Injury Fund. Eckardt argued the Commission misconstrued evidence regarding his right shoulder injury and erred by not applying a load factor to enhance its permanent partial disability (PPD) rating. The Court affirmed the Commission's decision, holding that the load factor analysis was eliminated by statutory amendments and that Eckardt failed to prove PTD based solely on qualifying preexisting injuries.
Supreme Court of Missouri / Apr 29, 2025
Diana Penney sought permanent total disability benefits from the Second Injury Fund, claiming her primary occupational injury combined with two preexisting occupational diseases rendered her permanently disabled. The Labor and Industrial Relations Commission awarded benefits, but the Second Injury Fund appealed. The Missouri Supreme Court reversed, holding that preexisting occupational diseases do not qualify as "compensable injuries as defined in section 287.020" under the relevant Second Injury Fund statute, thus precluding Penney's claim for benefits.
Missouri Court of Appeals, Western District / Apr 15, 2025
Aaron Stock, a firefighter, sought duty-related disability benefits from the City of Richmond Heights' Retirement Fund for a wrist injury. The Fund's Board determined his disability was not duty-related, awarding a lower pension. Stock appealed the Board's decision to the circuit court, which affirmed. The appellate court affirmed the circuit court's judgment, holding that the Board's decision to credit certain expert medical opinions over others was supported by competent and substantial evidence, and that Stock waived any objection to the experts' qualifications by not raising it at the administrative hearing.
Missouri Court of Appeals, Western District / Mar 25, 2025
Shirley Ralls, as personal representative for her deceased husband's estate, sued Soo Line Railroad Company for wrongful death under FELA, alleging her husband's lung cancer was caused by exposure to carcinogens during his employment. The jury found in favor of Soo Line. On appeal, Ralls argued the trial court erred by allowing her husband's treating physician to offer causation opinions as an undisclosed expert and by permitting opinions that differed from his discovery deposition. The appellate court reversed and remanded for a new trial, finding Ralls was unfairly surprised and prejudiced by the treating physician's expert testimony on causation, which was based on new research not disclosed during discovery.
Missouri Court of Appeals, Southern District / Mar 20, 2025
Mark Walton appealed the Labor and Industrial Relations Commission's decision denying his claim for permanent and total disability benefits from the Second Injury Fund. The Commission found Walton's preexisting left-shoulder injury did not meet the fifty-week permanent partial disability threshold required by §287.220.3. On appeal, Walton argued that a portion of a prior enhanced PPD award should be added to meet this threshold. The appellate court affirmed the Commission's decision, holding that §287.220.3 does not permit using a prior enhanced PPD award to supplement an otherwise non-qualifying injury.
Missouri Court of Appeals, Eastern District / Mar 18, 2025
Jerry Thomas appealed the Labor and Industrial Relations Commission's decision reversing an award of permanent and total disability benefits against the Second Injury Fund. Thomas argued his prior right knee disability was a compensable injury, his prior knee disabilities met the 50-week threshold, and denying benefits left him without a remedy. The appellate court affirmed the Commission, holding that Thomas failed to prove his right knee injury was a compensable injury and that his "without a remedy" argument was unpreserved for review.
Missouri Court of Appeals, Western District / Feb 19, 2025
Jeremy Starr, a firefighter, sought a duty-related disability pension for bilateral carpal tunnel syndrome and cubital tunnel syndrome. The Pension Board denied his claim for duty-related benefits, awarding a non-duty pension instead, which the circuit court reversed. The appellate court affirmed the circuit court's judgment, holding that the Pension Board improperly rejected unanimous expert medical opinions on causation by substituting its own lay judgment and mischaracterizing the experts' reliance on Starr's job descriptions. The case was remanded to the Pension Board with directions to award Starr the duty-related disability pension benefits.
Missouri Court of Appeals, Western District / Jan 8, 2025
Robert Balliu appealed the Missouri Labor and Industrial Relations Commission's decision, which denied his claim for worker's compensation from the Second Injury Fund (SIF) for a 2015 work-related injury. Balliu contended that a prior 1999 hernia combined with his 2015 injury to cause permanent total disability, making the SIF liable. The appellate court affirmed the Commission's decision, holding that the SIF is not liable when the primary injury alone, not in combination with a preexisting disability, results in permanent total disability, and found the Commission's factual findings were supported by sufficient evidence.
Supreme Court of Missouri / Dec 23, 2024
Joe David Hudson was injured while working for Joplin Regional Stockyards, Inc. (JRS) and entered into a workers' compensation settlement that included a lump sum payment and left future medical expenses "open." Years later, Hudson moved to revive the judgment based on this settlement, which JRS opposed, arguing the judgment had been satisfied. The circuit court sustained Hudson's motion, but the Missouri Supreme Court reversed, holding that the judgment was satisfied because the "open" future medical expenses remained within the exclusive province of the Division of Workers' Compensation and were not part of the circuit court's judgment. The Court also overruled Hudson's motion for damages for a frivolous appeal.
Missouri Court of Appeals, Eastern District / Nov 26, 2024
Patrick Ryan appealed the Labor and Industrial Relations Commission's decision denying his claim against the Second Injury Fund for permanent total disability benefits. The appeal centered on whether prior enhanced permanent partial disability awards should be considered in meeting the 50-week statutory threshold and as a direct result of a compensable injury under § 287.220.3. The appellate court reversed the Commission's decision, holding that enhanced PPD benefits from a prior work-related injury should be considered for both the 50-week threshold and as a direct result of a compensable injury. The case was remanded with instructions to grant Ryan PTD benefits from the Fund.
Missouri Court of Appeals, Southern District / Nov 19, 2024
Daniel Emerson and the Second Injury Fund appealed the Labor and Industrial Relations Commission's decision, which denied their motions to dismiss Prestressed Casting Company's application for review. Emerson and the Fund argued the employer's application failed to comply with regulatory specificity requirements. The Commission had modified an ALJ's award, assigning liability for permanent partial disability to the employer and permanent total disability benefits to the Fund. The appellate court affirmed the Commission's decision, concluding the Commission did not exceed its powers by finding the employer's application for review sufficiently detailed to notify the parties of the issues.
Missouri Court of Appeals, Southern District / Oct 29, 2024
Lucas Holterman, an employee of Holterman Logging, was severely injured by a falling dead tree while working on land owned by Laverne Copeland. Holterman sued Copeland on theories of premises liability and inherently dangerous activity. The trial court granted summary judgment for Copeland, finding that she did not retain control of the property and logging was not inherently dangerous. The appellate court affirmed, holding that logging is not an inherently dangerous activity as a matter of law and that Copeland owed no duty of care under premises liability due to the independent contractor rule.
Missouri Court of Appeals, Eastern District / Oct 22, 2024
Jason Wolk and Jeffrey Meyer, who were injured while working, disputed with Grinnell Mutual Reinsurance Company over a workers' compensation subrogation lien. After a personal injury suit and a subsequent settlement agreement, Appellants sought a declaratory judgment to interpret Section 287.150.3 and their agreement. The trial court awarded Grinnell the full amount of its lien, finding no mutual mistake in the agreement. The appellate court affirmed the trial court's amended judgment, agreeing with its interpretation of the statute and declining to rescind the settlement agreement.
Missouri Court of Appeals, Southern District / Aug 20, 2024
Wayne County and its insurer appealed a circuit court judgment ordering them to pay workers' compensation benefits to Amie Elsworth, the widow of an employee who died after sustaining a work-related injury. The employer argued that Elsworth's entitlement to benefits under the Schoemehl doctrine was not raised or adjudicated by the Labor and Industrial Relations Commission. The appellate court affirmed, holding that the Commission's factual findings, which were affirmed in a prior appeal, implicitly resolved the Schoemehl issue, making the circuit court's entry of judgment a ministerial act.
Missouri Court of Appeals, Eastern District / Jul 30, 2024
Claimant James Eckardt appealed the Labor and Industrial Relations Commission's denial of Second Injury Fund benefits for his permanent total disability from multiple work injuries. The Fund cross-appealed the inclusion of his occupational disease in the award. The appellate court reversed the denial of Fund benefits, finding the Commission erred by misinterpreting the relevant statute and precedent regarding non-qualifying disabilities. The court affirmed the Commission's determination that occupational diseases, specifically carpal tunnel syndrome, qualify as preexisting compensable injuries under the Second Injury Fund statute.
Missouri Court of Appeals, Southern District / Jun 11, 2024
Joe David Hudson (Employee) and Joplin Regional Stockyards, Inc. (Employer) entered into a workers' compensation settlement agreement, which was later registered as a judgment. When Employee sought to revive the judgment, Employer opposed, arguing it was satisfied. The circuit court revived the judgment, and Employer appealed. The Southern District dismissed the appeal, holding that Employer lacked standing because it was not aggrieved by the judgment's revival, and awarded Employee damages for a frivolous appeal.
Missouri Court of Appeals, Eastern District / May 28, 2024
Scott Caldwell sued UniFirst Corporation and Michael Dean Seever II, alleging disability discrimination and retaliation under the MHRA, and retaliation under the Workers' Compensation Law, after he was terminated following a back injury. A jury found in Caldwell's favor on all claims, but the trial court granted judgment notwithstanding the verdict (JNOV) for the defendants. The appellate court reversed the JNOV on the MHRA claims, finding substantial evidence supported the jury's verdicts, but affirmed the JNOV on the workers' compensation retaliation claim due to a lack of causal evidence. The case was remanded for reinstatement of the MHRA verdicts and a determination of attorney fees.
Missouri Court of Appeals, Southern District / May 7, 2024
David Casey appealed the Labor and Industrial Relations Commission's decision, which reversed an Administrative Law Judge's award of permanent total disability (PTD) benefits from the Second Injury Fund (SIF). Casey argued the Commission erred in denying PTD benefits by misinterpreting the 50-week threshold for combining preexisting disabilities and by failing to consider expert opinions. The appellate court affirmed the Commission's denial, finding that the issue of combining multiple disabilities was moot because one preexisting disability met the 50-week threshold, and upholding the Commission's credibility determination regarding the combination of the qualifying right-knee disability and the primary injury.
Supreme Court of Missouri / Apr 30, 2024
David Steele obtained a default judgment against Johnson Controls, Inc. (JCI) for workers' compensation retaliation, including compensatory and punitive damages. JCI moved to set aside the default judgment, arguing good cause due to misrouted service documents and asserting alternate bases under Rules 75.01 and 74.06(b)(1), and plain error regarding punitive damages. The Missouri Supreme Court affirmed the circuit court's denial of JCI's motion, holding that JCI failed to prove good cause, that Rules 75.01 and 74.06(b)(1) do not provide alternative grounds, and that plain error review of the underlying default judgment's punitive damages award was unavailable.
Missouri Court of Appeals, Eastern District / Apr 23, 2024
Tamar Godfrey appealed the Labor and Industrial Relations Commission's decision affirming the dismissal of her workers' compensation claim for failure to prosecute. The appellate court dismissed the appeal, finding that Godfrey's notice of appeal was untimely filed three days after the statutory deadline. The court further held that Godfrey's motion for reconsideration did not extend the deadline, as it was treated as an untimely amended application for review.
Missouri Court of Appeals, Eastern District / Mar 12, 2024
Shannon Noonan appealed the Labor and Industrial Relations Commission's decision denying her unemployment benefits claim. Noonan, a part-time frozen yogurt shop employee, did not return to work after spring break in March 2020 due to a COVID-19 stay-at-home order, despite the employer remaining open and her maintaining an apartment in Springfield. The Commission found she voluntarily quit without good cause attributable to her employer. The appellate court affirmed, concluding that her decision to not return to work was not good cause attributable to the employer, as work was available and she had the option to return.
Missouri Court of Appeals, Southern District / Jan 10, 2024
Susan Hayes appealed the Labor and Industrial Relations Commission's award of $40 per week in death benefits for her husband, a volunteer firefighter who died in the line of duty. The Commission had determined his weekly wage could not be calculated under section 287.250.1(6) and instead applied section 287.250.4. The appellate court reversed and remanded, holding that the Commission misapplied the law by relying on an inapplicable prior case and by failing to properly consider evidence of the "usual wage for similar services" provided by the appellant's expert witnesses.
Missouri Court of Appeals, Southern District / Dec 5, 2023
Karen Bird, the ex-spouse of a deceased employee, appealed the Labor and Industrial Relations Commission's denial of her claim for workers' compensation death benefits. Bird argued she was a "dependent" under section 287.240, despite being divorced from the employee, because they continued to live together and he supported her. The appellate court affirmed the Commission's decision, holding that the plain and unambiguous language of section 287.240 does not create a catch-all category for dependents beyond spouses and children, and therefore Bird did not qualify.
Missouri Court of Appeals, Eastern District / Nov 21, 2023
Naina Chuhan appealed the Labor and Industrial Relations Commission's dismissal of her Application for Review, which challenged an administrative law judge's dismissal of her workers' compensation claim for failure to prosecute. Chuhan argued her application met the pleading requirements of 8 C.S.R. 20-3.030(3)(A). The appellate court affirmed the Commission's decision, holding that Chuhan's application failed to specifically state the reasons the administrative law judge's findings were not properly supported, as required by the regulation.