Blog: Workers’ Compensation and Personal Injury

New Missouri Department of Labor Director

Missouri Governor Greitens announced Anna Hui, Acting Director of the Illinois Department of Labor, will become the new Director of the Missouri Department of Labor. See the Governor’s 3/30/2017 press release here.

The acting director is Tammy Cavender. The director oversees the Division of Employment Security, the Division of Workers’ Compensation, the Division of Labor Standards, the Missouri Commission on Human Rights, and the State Board of Mediation.

Important distinction for Fund liability- First PTD Award interpreting SB1

Gattenby v. Treasurer – Western District Court of Appeals WD80052, 2/28/2017

This is the first Court of Appeals case to interpret Senate Bill 1 since it came into effect on 1/1/2014. Senate Bill 1 created, among other things, a new Section 287.220.3 in Missouri Workers’ Compensation. This case harmonizes sections 287.220.2 and 287.220.3 of the MO Work Comp law.

Mr. Gattenby was injured at work in 2014 and also had several pre-existing injuries that all occurred before 2014.  Mr. Gattenby alleged he was permanently and totally disabled due to the combination of his injuries against the Second Injury Fund. The argument was over whether 287.220.2 or 287.220.3 applied.

The Court explained that 287.220.3 applied only where both the preexisting and the primary injuries occur after January 1, 2014. In support of its analysis, the Court stated, 287.220.2 plainly refers to “previous disability,” whereas 287.220.3 does not.

Because Mr. Gattenby’s claim against the SIF involved pre-existing injuries that resulted in disability before 1/1/2014, subsection 287.220.2 is controlling.

This opinion is very important because up till this point the Second Injury Fund maintained the position that all new cases with a primary work injury occurring after 1/1/2014 was controlled under the “new law” and standards of Section 287.220.3.

This case further bolsters statutory interpretation for Fund responsibility for PPD cases under 287.220.2 where the primary injury is after 1/1/2014 and the pre-existing injury is before 1/1/2014.

January 2017 Missouri Work Injury Statistics Released

Recently published Missouri work injury statistics for January for the entire state of Missouri:

Workers’ Compensation Injuries Filed – 7,687 – via the Missouri Department of Labor- Data

If you have been injured on the job, make sure you provide a written report of injury immediately to your Employer. Be sure to demand medical treatment in writing.

Remember- A written report of injury is not the same as filing a Claim for Compensation. You must still file a Claim for Compensation within the statute of limitations. If you file a Claim for Compensation after the statute of limitations then you will receive nothing.