Stressing the Reasonable Objective — Missouri Supreme Court Provides Clarity on When Mental Injuries Will be Compensable

The Missouri Supreme Court recently acted to provide clear parameters for when an employee will be entitled to recover for stress-related psychiatric disorders.

Linda Mantia worked for the Missouri Department of Transportation for over 20 years providing traffic control and assistance at motor vehicle accident scenes on Missouri highways. Mantia responded to accident scenes as often as four times per week, including serious accidents involving fatalities. Mantia was diagnosed with depression in February 2008 and filed a workers’ compensation claim for mental injuries in October …

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Missouri Governor Signs Bill Aimed at Reducing Workplace Injury Costs into Law

Throughout his campaign, Missouri Governor Eric Greitens promised to lead efforts to create a more business-friendly environment in Missouri. With only a short time remaining in the 2017 legislative session, the Missouri legislature approved Senate Bill 66, a measure focused at reforming Missouri’s worker’s compensation system.  On July 5, 2017, Governor Greitens made good on his promises and signed Senate Bill 66 into law. The bill contains several reforms that will help businesses better control the costs associated with workplace injuries.

First, the law provides …

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A Last-Second Win for Missouri Employers

With the 2017 legislative session winding down, the Missouri legislature pulled out a big win for employers with several significant changes to the Missouri Workers’ Compensation Law and the Missouri Human Rights Act.

Senate Bill 66 makes several critical changes to the Workers’ Compensation Law in response to recent Missouri Supreme Court decisions that created some uncertainty for employers. Senate Bill 43, on the other hand, raises the burden of proof in employment discrimination cases and should shut the door on frivolous discrimination cases against …

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Post-Accident Drug Testing: Part 2 — Missouri

Missouri’s drug penalty is set forth in Section 287.120 of the Missouri Workers’ Compensation Law. That section allows for reduction or forfeiture of benefits as follows:

  1. A 50 percent reduction of benefits if the employee violated the employer’s anti-drug policy, and if the injury was sustained in conjunction with the use of drugs;
  2. Forfeiture of all benefits if the use of drugs in violation of the employer’s policy was the proximate cause of the injury; and
  3. Forfeiture of all benefits if the employee refuses to
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Co-Employee Liability under Missouri Law

The 2012 amendments to the Workers’ Compensation Law sought to bring clarity to the scope of co-employee liability for work injuries. The exclusivity provision of the law now provides: “…every employer and employees of such employer shall be released from all other liability whatsoever, whether to the employee or any other person, except that an employee shall not be released from liability for injury or death if the employee engaged in an affirmative negligent act that purposefully and dangerously caused or increased the risk of …

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