Missouri Supreme Court-Workers Compensation

 

On 10/24/2018, Marshall Edelman, Attorney, argued in front of the Missouri Supreme Court regarding novel issues in Missouri Workers’ Compensation. He appeared with his father, Ronald D. Edelman, Attorney. This is the first challenge to the interpretation and constitutionality of the 2014 amendment to the Missouri work comp system involving enhanced permanent partial disabilities against the Second Injury Fund.

Our office is challenging the law because it is the right thing to do and, if successful, will benefit all Missourians. The Fund has taken the position that injured workers are not entitled to enhanced permanent partial disability benefits from the Fund for primary injuries after 1/1/2014. We disagree. This sends a signal to employers that they have more incentive to discriminate against those persons with preexisting disabilities who can actually work than those that can’t. This is not a rational basis.

The decision in this case, Cosby v. Treasurer of Missouri, SC97317, will affect nearly every employer and employee in Missouri. This case was recently featured in the news. Click here to read the article. Marshall is honored to be featured in Mizzou Law School’s newsletter regarding this. Click here to read Mizzou Law’s newsletter.

This case was also featured twice in the Missouri Lawyers Weekly . Click here for the first article titled, “Injury Fund fix headed to Supreme Court” and click here for the second article titled “Supreme Court asked to untangle Injury Fund fix.” (Subscription newspaper may require login)