By Steven A. Edelman, Attorney (314) 631-6777
Short Answer: When the employer commits outrageous conduct that is clear and egregious.
Missouri Workers’ Compensation RSMo 287.560
Missouri law states that in certain situations the court may assess costs against any party for unreasonable defending or prosecuting a workers’ compensation case. See Revised Statutes of Missouri Section 287.560 which states:
“[I]f the division or the commission determines that any proceedings have been brought, prosecuted or defended without reasonable ground, it may assess the whole cost of the proceedings upon the party who so brought, prosecuted or defended them.” RSMo 287.560
The courts have interpreted RSMo 287.560 as follows:
- The court has the discretion to assess costs against a party;
- The Workers’ Compensation Commission should exercise this power to assess costs against a party with great caution and “only when the case for costs is clear and the offense egregious.” See Erwin v. Midway Arms, Inc. (Mo. App. W.D. 2025) and the Missouri Supreme Court in Landman v. Ice Cream Specialties, 107 S.W.3d 220, 224, (Mo. banc 2003)
Examples of Cases when the Court awards Attorney’s fees and or Costs:
- The Missouri Supreme Court upheld an award of costs and attorney fees against an employer for unreasonably contesting the work-related nature of the employee’s injury. Landman v. Ice Cream Specialties, 107 S.W.3d 220, 224, (Mo. banc 2003)
The employer acted unreasonably when it argued at a hearing before the” judge that the employee’s injury was not work-related. The employer pressed this argument even after its own examining medical doctor concluded that the injury was caused by work; and despite the employer promising to abide by their medical examiner’s conclusion in exchange for the employee not immediately seeking a trial; and despite having no evidence whatsoever to dispute the conclusion of its own medical examiner. Id. at 250
2. The Missouri Court of Appeals reversed the Missouri Workers’ Compensation Commission’s decision to not impose attorney’s fees and costs against the employer. The Missouri Court of Appeals concluded that the employer’s conduct was unreasonable and egregious. See Monroe v. Wal-Mart Assocs., Inc., 163 S.W.3d 501 (Mo. App. E.D. 2005)
In this case, the employee suffered hernia at work while lifting. The employer allowed the injured worker to leave work to go to an emergency room. The employer refused to pay for the emergency room and medical treatment claiming that the injury was not work-related. The employer based its denial on the employee’s prior medical records and an initial intake form from the emergency room visits which indicated that the visit was not work-related. No evidence suggested that the intake form was a medical opinion or that the employee even had an opportunity to review the form to verify its accuracy. The employer then maintained its denial of the work injury despite two doctors’ opinions that the employee’s hernia was work-related. The employer made no meaningful effort to resolve the case until the trial three years later. At trial the employer first admitted that the injury was work-related and provided no medical evidence to justify its years of defending the claim without justification. The court fount the above employer’s behavior was unreasonable and egregious and awarded costs and attorney’s fees against the employer.
If you’ve been injured at work, then please immediately contact our law firm, and one of our skilled attorneys will be happy to discuss your rights and benefits under workers’ compensation law. Call us for a free consultation: 314-631-6777
Steven A. Edelman, Attorney