Missouri Worker's Compensation Cases

• Strait v. Treasurer of Missouri as Custodian of Second Injury Fund (July 15, 2008) - Rosalyn Strait was injured in a compensable work-related injury.  She was awarded permanent and total disability.  After the award, but during the 30-day period while the award was subject to review and appeal, claimant died of injuries unrelated to her work injury.  On appeal, the court of appeals substituted the claimant's husband, Michael Strait, as the claimant on behalf of their children as dependents of Rosalyn Strait.  The court allowed the substitution, but provided that similar cases and claims that are sought to be reopened at the commission for purposes of substitution a dependent for an adjudged permanently and totally disabled claimant who has since passed away, will not be allowed to do so.  The court noted that they will only apply the Schoemehl decision prospectively.  "...The law that was made in Schoemehl applies to cases that were pending in the commission or pending on appeal at the time of the Schoemehl decision."

• McCracken v. Wal-Mart Stores (2009) - Recent decision by the Missouri Supreme Court holding that allowed an injured worker to bring a lawsuit against Wal-Mart for damages even though he had previously settled his worker's compensation claim.  The court stated that the statute defining a statutory must be strictly construed and under the facts in this case, McCracken was not a statutory employer of Wal-Mart.