Missouri Workers Compensation Lawyer Blog

On Tuesday afternoon, the Missouri General Assembly passed a bill that will prohibit employees from suing their co-workers for on-the-job injuries. The legislation would only allow employees to sue co-workers when "the accident was the result of gross negligence or an intentional act of harm," says the Springfield News-Leader. The bill was passed in the Missouri House by a vote of 122 - 29, and the Senate unanimously approved it within the same day. Now, it awaits Governor Nixon's approval.

However, the bill does not address two pressing issues that directly affect the Missouri workers' compensation system: (1) the struggling Second Injury Fund; and (2) the process for treating deadly work-related diseases. It appears that these issues will not be addressed until next year.

Earlier this year, Governor Nixon vetoed legislation that addressed all three subjects. In his veto letter, Nixon said his primary concern is connected to occupational diseases, and his worry that the workers' compensation system cannot "adequately compensate workers for debilitating diseases that will eventually take their lives, and [that] such cases should be handled by civil courts, as they now are," according to Columbia Daily Tribune. Occupational diseases are chronic ailments contracted through the workplace, such as mesothelioma and lead poisoning.

After vetoing the proposed bill, however, Nixon sent a letter to Senate Majority Leader Tom Dempsey and Minority Leader Victor Callahan. In the letter, Nixon agreed to sign new workers' comp legislation, provided that those who suffer from occupational diseases would be awarded "enhanced benefits" - meaning they would receive larger weekly payments than injured workers.

In response, Dempsey reportedly proposed that those workers be paid 200% of the state's average weekly wage for 200 weeks, which would equate to a settlement around $300,000. Nixon's offer, according to Dempsey, would have paid closer to $700,000 to employees who suffer from occupational diseases. "The governor's number was too high, so there you are," Dempsey said. Since a compromise couldn't be reached, it's likely that the issue will have to wait until the next legislative session.

Continue reading "Bill Preventing Co-Worker Lawsuits Passes Missouri General Assembly: Occupational Diseases & Second Injury Fund Left in Limbo" »

Jamie Duncan, former linebacker for the St. Louis Rams, has filed a lawsuit in City Court against his former attorney, Mark L. Floyd of the Floyd Law Firm. The lawsuit is connected to a Missouri workers' compensation claim filed on Duncan's behalf: 5 years ago, Duncan alleges, Floyd advised him to sign a $1,000 settlement that included a waiver for any future medical benefits. Duncan's complaint argues that doing so ultimately cost him $255,000, reports the Courthouse News Service.

In 2007, when Duncan's initial claim was made, the Rams had offices in both St. Louis and Los Angeles, and Duncan's settlement was filed in the Missouri Division of Workers' Compensation. In the years that followed, Duncan sought to collect benefits on new claims for cumulative orthopedic and closed head trauma. In that pursuit, he was represented by California attorney Ron Mix.

By March of 2011, the complaint says, "Mix had negotiated a tentative settlement wherein the St. Louis Rams would settle all pending workers' compensation claims of Jamie Duncan, plus a buy-out of future medical benefits for the sum of Three Hundred Thousand Dollars ($300,000)."

Then, in May 2011, the Rams contacted Mix to inform him that Duncan had waived all future medical claims by agreeing to the Missouri settlement in 2007. Thus, the Rams "declined to offer any compensation to the plaintiff," the complaint continues. Mix was eventually able to settle Duncan's California claims for $45,000: since the Rams organization initially offered $300,000, Duncan is suing to recover the difference.

Continue reading "Former St. Louis Rams Linebacker Files Lawsuit Connected to Missouri Workers' Compensation Claim" »

Between treatment, rehabilitation and medication costs, recovering from a workplace injury can become very expensive very quickly. In particular, the expense associated with certain prescription drugs cost the workers' compensation system billions of dollars in wasted pharmacy-related funds last year, according to the 2011 Express Scripts Workers' Compensation Drug Trend Report.

The report indicates that the use of expensive medication (instead of lower-costing, therapeutically equivalent drugs) accounted for approximately $2.1 billion in wasted funds. In addition, the workers' comp industry saw $107 million wasted due to the use of out-of-network pharmacies and third party billing; and $40 million wasted through the use of "higher-cost" delivery channels (like retail pharmacies) for long-term medication.

• 76.2% of total drug spending in 2011 was associated with the top six "therapy classes," which include narcotic analgesics, anticonvulsants, anti-inflammatory drugs, and dermatological medication.

• Narcotic analgesics have the highest annual cost per user ($508). This therapy class also accounts for approximately 38% of total drug spending and 34% of total utilization.

• 10% of total drug spending in 2011 was associated with the powerful painkiller Oxycontin. This drug also had the highest cost per user.

• The biggest spike in costs was associated with dermatological medication, which rose 7.4% in 2011.

According to Express Scripts' official press release,

"Behaviors such as habit or lack of awareness can lead some physicians to continue to choose branded medications over more clinically equivalent, lower-cost generic alternatives. Injured workers may also request the more expensive medication. These behaviors drive up the cost of the workers' compensation pharmacy benefit."

The report also indicates that about 125 million U.S. employees are currently eligible for workers' compensation coverage. Approximately 4.2 million of these employees suffer work-related injuries and illnesses every year.

Continue reading "High-Priced Prescription Drugs Contribute $2.1 Billion to Workers' Compensation Costs in Missouri & Nationwide" »

It has come to our attention that sometimes injured workers in Springfield, Missouri don't apply for the benefits they are entitled to under Missouri's Workers' Compensation Act because they are afraid their employer will retaliate against them. Unfortunately, this fear is not unfounded. It is not easy for an employer to get away with retaliatory discharge - meaning firing the worker after he or she reports a work-related injury, which does happen occasionally. However, there are many other types of retaliation that are much more common and not nearly as easy to prove.

Retaliation against a worker for filing a workers' compensation claim is illegal in Springfield and anywhere else in Missouri, but it still happens. The Missouri Workers' Compensation Law, section 287.780, clearly states: "No employer or agent shall discharge or in any way discriminate against any employee for exercising any of his rights under this chapter." It goes on to explain that any worker who has been either fired or retaliated against in any way has grounds for a lawsuit against his employer.

Obviously, this does not guarantee that a worker will keep his or her job. If, after finishing all available medical treatment for your injuries, you are still unable to perform your job, your employer is not required to keep you on staff (or even try to find you another position). And it's possible that you could be terminated for other reasons, having nothing to do with your workers' comp claim.

Employer or manager retaliation may show up in any of the following types of discrimination or harassment:

• Unwarranted poor performance review
• Scheduling issues
• Isolation or intimidation
• Demotion, reassignment, reclassification or transfer
• Threatened adverse wage action
• Interference with or dispute of a legitimate workers' compensation claim
• Unreasonable increase or decrease in job duties
• Unjustified disciplinary action

Continue reading "Employer Retaliation in Springfield, Missouri Workers' Compensation Cases" »

In this post, the Missouri workers' compensation attorneys would like to discuss a recent decision of the Missouri Court of Appeals. In Rader vs. Werner Enterprises, No. ED95905, ---S.W.3d --- (Mo.App.E.D. 2012), an injured over the road truck driver sought permanent total disability benefits, along with compensation for future medical care, and ultimately prevailed.

Timothy Rader had worked as a truck driver for 6-8 years for the same company, Werner Enterprises. In May of 2003, he sustained a head injury as he unloaded a truck at Anheuser-Busch in St. Louis: a partially empty keg rolled out of the truck and struck him.

Rader was taken to the ER, where he reported pain and numbness in various parts of his body, and he couldn't remember if he had lost consciousness. Over the next several months, Rader continued to experience severe pain (particularly in his back and knees), along with various other symptoms. He received extensive medical treatment and was unable to work.

The Claim:
Rader filed a workers' compensation claim in May of 2005. After a hearing, where an Administrative Law Judge heard testimony from Rader and several experts, Rader was awarded permanent total disability benefits and future medical care expenses. Werner then filed for a review with the Labor and Industrial Relations Commission, but the Commission upheld the award. Ultimately, Werner appealed to the Eastern District Court of Appeals.

The Appeal:
Werner disputed the Commission's ruling, appealing six points:

1. Under the terms of Rader's revised employee agreement, Werner argued, Rader was only allowed to seek workers' comp benefits in Nebraska, where Werner's corporate office is located, and where an alleged employment agreement provides for jurisdiction. Their stance was that the Missouri court did not have jurisdiction over the claim, even though the accident happened in St. Louis.

2.Werner also claimed that Rader was not eligible for workers' compensation benefits because he was an owner-operator and not an employee. In February 2003, Rader had entered into a new employment agreement with Werner, which changed his job title to "independent contractor": he purchased a truck from Werner, began paying his own expenses, and received a larger pay rate.

3. Before he worked for Werner, Rader had suffered previous injuries to his knees and back. Werner contended that the May 2003 accident was not the cause of Rader's present disability, and that Rader instead had a preexisting degenerative condition.

4. Werner disputed the award for future medical care, maintaining that Rader's May 2003 injury did not necessitate future treatment.

5. The company contended that Rader was in fact capable of returning to work, and disputed the award for permanent total disability.

6. Finally, Werner contested the amount of the award, based on Rader's average weekly wages.

Continue reading "Employee Classification, Location Among Factors Affecting Missouri Workers' Compensation Awards" »

According to Missouri's Workers' Compensation Law, your employer has the right to choose the injured employee's health care provider. Most employers will then delegate that responsibility to their insurance carrier. However, this does not mean that an injured worker's medical care is in under the control of the insurance company. Medical treatment is always under the control of the treating physician selected by the employer or insurer. Problems can arise, however, because insurance companies are responsible for authorizing and directing care--which means that there are situations where reasonable care is not provided.

What if the injured employee disagrees with the diagnosis, or is unhappy with the health provider chosen for him/her?

Missouri law allows employees to select their own doctor, surgeon, or other medical provider, but the employee must pay for that treatment themselves. This happens infrequently, because of the high cost of medical treatment. Even if the injured party has medical insurance, many policies will not cover an injury sustained in the work[lace.

Sometimes it might be necessary to travel to see a physician: for example, when an injured worker needs a specialist, and there are none in the immediate area; or when an accident happens in a small town or rural location, without access to the medical services needed. If you are required to travel outside the local metropolitan area of the employer's location, then the employer is required to pay your travel costs: these are considered necessary and reasonable expenses. If you cannot travel, or believe that the travel is making your condition worse, speak to your employer/insurer about the situation. If nothing satisfactory can be worked out, at this point you can request a conference with an administrative law judge (ALJ) to discuss the situation. It might also be helpful to consult a Missouri Workers' Compensation Attorney.

If an injured worker is unhappy with the medical treatment he is receiving, or believes he needs a specialist, more tests, or a different type of treatment, these situations need to be handled carefully. First, discuss the issue with the insurance company. If this approach doesn't provide a solution, a workers' comp attorney can formally dispute the employer's treatment plan. On the other hand, if the insurer or employer disagrees with a doctor's diagnosis, they then have the qualified right to authorize a change of physician.

Continue reading "Managing Medical Treatment Issues as a Missouri Workers' Compensation Claimant" »

Springfield, Missouri workers' compensation lawyers believe that construction injury claims can be very different than other types of injury claims. It is not news to anyone that the construction industry can be extremely hazardous for its workers. Handling heavy machinery, power tools, great heights, and heavy weights makes construction jobs more dangerous than other types of employment.

According to David Michaels, OSHA Assistant Secretary, "Every day in this country, more than 14 workers lose their lives in preventable workplace tragedies -- close to 100 deaths every week."

OSHA has a list of safety requirements for all construction sites. Read the Safety and Health Regulations for Construction. Most Missouri employers comply with these requirements; however, despite all precautions and good intentions, serious accidents still happen. Some of the main injuries suffered by construction workers include the following:

*falls
*fractures and broken bones
*burns and electrocutions
*machinery accidents
*hit by falling objects
*accidental amputations
*exposure to toxic materials, such as silica or asbestos

A common scenario in construction accidents is a separate third party claim, along with the workers' compensation claim. Missouri employers are required to pay the medical bills for any worker injured in a job related accident, but there can also be liability to someone else. For example, a defect in the design or manufacture of the machinery or tools being can cause an injury accident, or another party's negligence can play a role. These kinds of third party claims must be prosecuted with civil lawsuits though the Missouri court system; not through the Division of Workers' Compensation.

Continue reading "Springfield, Missouri Construction Accidents Can Involve a Third Party Claim In Addition to a Workers' Comp Claim" »

The Greene County workers' compensation attorneys know that certain factors can complicate workers' comp claims. That's why it's so important to have a lawyer advising you throughout the process. Consider a recent case:

The claimant, Jeffrey Graham, worked as a tractor trailer driver for TSL, Ltd., hauling automobiles. Graham's application for workers' compensation benefits alleged that he fell and injured his right foot while unloading a Jeep in New Jersey on January 25, 2008.

The situation would seem pretty black and white. However, the nature of Graham's hiring became an important element of the case. Here's a bit of background:

Graham, a Kentucky resident, was hired "over the phone": he learned TSL was hiring truck drivers, and phoned the company's Missouri office seeking employment. At TSL's request, he faxed his commercial driver's license, a copy of his personnel file from his previous employer, and the results of a recent physical, including a drug test, to Jim Gage at TSL's Missouri office. Gage apparently reviewed the information while the two men were on the phone and told Graham that he could "start tomorrow." Graham considered himself hired at that point.

So Graham traveled from Kentucky to TSL's office in St. Peters, Missouri. He completed TSL's mandatory driving test and training program, and submitted to another drug test. TSL then provided the tractor trailer, and Graham got to work.

After his injury occurred, Graham applied for workers' compensation benefits in Kentucky, where he lives and where he applied for and received the job. But TSL denied the claim, insisting Kentucky lacked extraterritorial jurisdiction under KRS 342.670 because the employment was not principally localized in any state, and Graham's contract for hire was made in not in Kentucky, but in Missouri.

Continue reading "Where Do You Apply for Workers' Comp Benefits if Your Employment is Not Localized to Any Particular State?" »

What is the relationship between a pre-existing condition such as obesity and an injured workers' right to obtain full compensation for his work-related injury? This is a question that has started to come up more frequently for Springfield, MO Workers Compensation lawyers. The reason: obesity has reached epidemic proportions here in Springfield MO and throughout the rest of the nation. Being obese can seriously complicate or hinder the medical treatment a worker needs to recover after an injury. It can also cause an employer to claim that the obesity was the cause of the injury, and try to dispute a rightful claim.

Two recent reports outline the issues. The first, done in 2010 by Duke University, found a significant link between obesity and the cost of workers compensation. Obese employees were found to file double the number of workers' compensation claims as average weight employees. They also reported a whopping seven times higher medical costs from those claims, as well as 13 times more missed days of work.

There are various problems for injured, obese workers. They are more likely to have pre-existing health conditions that exacerbate their injuries, such as heart disease, hypertension and diabetes. Any of these can significantly impact the treatment of a workers compensation claim, causing costs to skyrocket. If an injured worker suffers from any of these diseases, his recovery from a work injury or illness will likely be much slower and more complicated.

A recent Gallup poll sheds even more light on this situation, with the startling statistic that overweight or obese workers miss 450 million more work days annually than their normal-weight, healthy counterparts.

Releasing the results of their poll, Gallup commented, "The high percentages of full-time U.S. workers who have less-than-ideal health are a significant drain on productivity for U.S. businesses. However, employees and employers have the opportunity to potentially increase productivity if they address the health issues that are currently plaguing the workplace."

Continue reading "Obesity a "Big" Issue in Springfield Missouri Workers' Compensation Claims" »

Post-Traumatic Stress Disorder (PTSD) was once associated strictly with veterans of wars, but now it has become an accepted diagnosis for mental health issues caused by all sorts of different situations. It is unusual for an employee to develop PTSD working at an ordinary job here in Springfield MO, but Springfield workers compensation lawyers know it certainly can happen.

Here's an (admittedly unusual and extreme) example of a workers' comp case in British Columbia in which an employee was "forced" to perform an activity so heinous and stressful that he developed this mental illness. The claimant worked for a B.C. tour company, Outdoor Adventures Whistler, which used sled dogs. After the company experienced a significant downturn to their business, it decided to kill some of the sled dogs to reduce costs.

This unfortunate incident was revealed when the employee who committed the dog killings filed a claim with WorkSafeBC, for post-traumatic stress disorder. He stated that he developed the condition after personally killing over 100 dogs. According to his testimony the dogs did not die immediately and he was forced to witness many horrible incidents.

WorkSafeBC approved the employee's claim for workers' compensation benefits. (And after hearing of the case, the Society for the Prevention of Cruelty to Animals commenced a thorough investigation.)

Continue reading "Can Springfield Missouri Workers Receive Workers' Compensation for PTSD?" »

Springfield MO workers' compensation lawyers have been following a disputed workers' comp case in PA that went all the way up to the state Supreme Court. It involved a death benefits claim by the widow of a firefighter who died of Hepatitis C. We know that although Hepatitis C (HCV) kills about 10,000 people each year in this country, it is not always easy to prove that it was contracted on the job.

Receiving workers' compensation benefits for any of the complications that arise from Hepatitis C can be difficult: many workers are at a serious disadvantage. This potentially deadly virus can simmer undetected for ten to thirty years, making it challenging--if not impossible--to establish the cause of the illness. Medical workers--like doctors, nurses, police, and firefighters--are all at higher risk of contracting this disease than the general public, because of the rescue work and medical assistance they provide in the course of their jobs.

In the Pennsylvania case, the high court ruled that Patricia Kriebel, widow of Philadelphia firefighter Joseph Kriebel, can receive death benefits under the state's workers compensation law. Because of the dangerous nature of firefighting, the amount of help rendered to injured people and the resulting exposure to possibly infected blood, Hepatitis C is presumed by Pennsylvania to be an occupational illness for firefighters and other first responders.

In her claim for death benefits, the widow argued that Mr. Kriebel, who died in 2004, contracted hepatitis while working for the Philadelphia Fire Department from 1974 to 2003. Ms. Kriebel said her husband was regularly exposed to blood while performing one of his duties as a firefighter--assisting emergency victims. She believed that her husband contracted hepatitis from his involvement in those situations.

Continue reading "Proving Hepatitis C as an Occupational Illness Difficult in Springfield, Missouri Workers' Compensation Cases" »

The Missouri Chamber of Commerce and Industry names workers' compensation reform as one of its "leading legislative priorities," according to the Chamber's website. The Board of Directors approved the 2012 Legislative Agenda at their Kansas City, Missouri meeting on November 8, and workers' compensation was the subject of extensive discussion. Missouri Chamber President, David Mehan, argued that recent court interpretations of workers' compensation laws is "hurting business and most of all, it's hurting Missouri workers."

In fact, the Chamber has identified workers' compensation reform as one of the issues in its "Fix the Six" campaign, which plans to address the six areas that most directly affect the creation and protection of Missouri jobs. Specifically, the Chamber will focus on two workers' compensation cases where they feel a dangerous precedent has been set. Also, importantly, they will work to resolve some of the issues with Missouri's problematic Second Injury Fund. The problem is, Mehan says, that unintended consequences have arisen as a result of several 2005 reform measures; as a result, Missouri courts are making interpretations that exclude protections which have always been covered by the domain of worker's compensation.

In the first case, Robinson v. Hooker, the ruling dictated that Missouri employees who are injured on the job may sue their co-workers in civil court for negligence, an action which has thus far been upheld by Missouri courts. The Chamber's concern is twofold: first, that businesses will struggle to recruit and retain qualified employees, particularly those in supervisory positions, without offering them some kind of protection against civil litigation; and second, that the workplace environment and rapport between employees will be damaged by the potential for these lawsuits.

The second case, Franklin v. CertainTeed Corp., impacts employees who contract occupational diseases. Previously, this area of litigation was solely within the domain of workers' compensation, but in this case the court ruled that employees can alternatively seek compensation from employers in civil courts. The Chamber argues that, here again, the precedent sent is damaging to Missouri workers, who will frequently be forced to pursue their cases in a more expensive, time-consuming way.

Continue reading "Missouri Chamber of Commerce Meets in Kansas City, Identifies Workers' Compensation Reform as a Major Priority" »

As members of the Joplin community, we were deeply affected by the May tornado, and the destruction and loss of life and suffering it has caused our friends and neighbors. We are grateful that our office was not occupied when the tornado demolished it. And as Joplin workers' compensation lawyers, we have been following with great interest the story of Mark Lindquist, one of the undisputed heroes of the deadly tornado.

The story of Mark Lindquist almost became a tragedy itself, after his employer's insurance carrier refused workers' compensation benefits to cover the injuries he sustained on-the-job during the tornado. Lindquist was working as a social worker at a group home for developmentally challenged adults when the tornado hit. The job paid barely above minimum wage; not nearly enough for him to afford personal medical insurance.

When the tornado siren sounded, Lindquist and co-worker Ryan Tackett were taking care of three men with Down's syndrome. Although the facility had no basement to retreat to, the two employees had had tornado drills and knew what steps to follow to keep their clients safe. Lindquist and Tackett covered the three men with mattresses for protection, then they climbed atop the mattresses for added weight. Apparently this was necessary because the three clients could not move quickly enough to relocate to a shelter in time.

"I told Ryan, 'If you've ever prayed before, now is the time to do it,'" Lindquist later said.
When the deadly EF-5 tornado actually hit, its 200 mph winds tossed Lindquist nearly a block. His survival was miraculous indeed, but his injuries were severe: every single rib broken, one shoulder obliterated, chunks of flesh ripped out, and most of his teeth knocked out. Lindquist remained in a coma for about two months.

Sadly, the three clients he tried to save were all killed.

Continue reading "Joplin Missouri Hero to Finally Receive Workers' Comp Benefits after 5 Months and 2.5 Million in Medical Bills" »

The question is often asked, "My medical problems were caused by my job, but I didn't have any specific accident. Can I still collect workers' compensation benefits?"

In this article Joplin, Missouri workers' compensation attorneys address the question of whether cumulative or repetitive trauma injuries are compensable under the Missouri workers' compensation system.

Cumulative Trauma Claims

Many people might not believe they have a workers' compensation claim because their pain or medical problem crept up on them slowly, over time. Because they did not have a specific work-related accident to point to, such as a fall, they do not believe they can get benefits under workers' compensation.

However, the workers' compensation law does not necessarily require a specific event to have occurred to qualify for benefits. A gradual onset injury is often referred to as a "repetitive trauma" or "cumulative trauma" injury, and such injury may be compensable under workers' compensation.

One common cumulative trauma injury that everyone has heard of is the repetitive stress injury carpal tunnel syndrome. While the causes for carpal tunnel syndrome of course vary, repetitive work with the hands, such as typing or other hand-intensive work, can lead to its development. While there is likely no specific accident that occurred that led to the development of the carpal tunnel, the long-term exposure to the repetitive stress may have caused it, and such injury is indeed often compensable under workers' compensation.

There are many other cumulative trauma injuries as well, including things such as tendinitis, long term exposure to toxic chemicals, hearing loss due to repeated exposure to loud noises, etc.

Continue reading "Cumulative Trauma Injuries and Missouri Workers' Compensation Claims Impacting Workers in Joplin, Missouri and Surrounding Area" »

Many people assume that the only time a Springfield Missouri workers' comp case runs into difficulties is if the employer denies the claim. However, there are many times when injured Springfield employees are already receiving their workers' compensation checks, and proceeding with their medical treatment, and suddenly the case runs into difficulties.

Here's a possible example: A treating physician diagnoses a work related injury, and decides upon a course of treatment to heal that injury. He might prescribe rest, immobilization in a brace, sling or cast, medication or even physical therapy. The worker is receiving weekly checks and complying with the doctor's treatment regimen--but the injury is not healing, or is getting worse.

Finally, it is recommended that the worker have surgery. This may be the recommendation of the original treating physician, or another physician seen by the worker because his injuries are simply not healing. It is at this point that a workers' compensation case runs into trouble with the employer's insurance carrier--who denies the surgery. They are hoping that the injured worker will accept their denial, and not take the case any further. They are hoping that the injured worker does not know his rights.

Looking at a popular online workers' compensation forum, we spotted at least six different injured workers asking for advice because their surgeries were being denied. If something like this occurs to you, instead of asking for opinions from others online, you should probably start thinking about hiring an attorney to protect your rights.

Continue reading "Know Your Rights if Springfield Missouri Workers' Compensation Refuses to Pay for Surgery" »