MEDICAL CAUSATION - NECESSARY PROOF

In Reyes v Mar-Kay Plastics, Inc.,2002 WL 1837829 (Mo. App. W.D. 2002), employee got into heated argument with wife’s supervisors over their disciplinary action against her, and then returned to his employment, and according to one physician that work activity in returning to employment caused compensable final blockage of the artery and his heart attack.

In Irving v Missouri State Treasurer, 35 S.W.3d 441 (Mo.App., W.D. 2000), death claim against minor employer settled in Circuit Court, theory of claim being that claimant was overworked, health deteriorated, could not travel, was fired, and later died due to heart condition. Commission denial affirmed, not a major employer, and claimant failed to prove medical causation.

In Perry v Tri-State Motor Transit Company, 41 S.W.3d 919 (Mo.App. E.D. 2001), the Commission found trucker driver’s disability due to dementia and not her fall from truck.

In Kauffman v Tri-State Motor Transit Company, 28 S.W.3d 369 (Mo.App. S.D. 2000), an opinion letter by treating physician stating there was medical causation between claimant’s employment as a truck driver, and his alleged occupational disease is hearsay, and inadmissible, not prepared in the regular course of examining or treating the claimant, but a report prepared for litigation.

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- Anita Kiehne, Vice President of Claims (Arthur J. Gallagher & Co)