In Brookshire v Retz, MD, 111 S.W.3d 920, (Mo. App. S.D. 2003), patient brought action against medical health care providers alleging medical malpractice. The Circuit Court permitted patient?s employer and employer?s workers? compensation carrier to intervene in action. Health care providers appealed. The Court of Appeals ruled that because trial court lacked authority to certify its order as a final judgment under Rule 74.01(b), no final appealable judgment exists and the Court of Appeals is without jurisdiction. Appeal dismissed. Intervention by employer's carrier allowed.
In Kesterson v Wallut, 116 S.W.3d 590 (Mo. App. W.D. 2003), State employee injured in motor vehicle accident in a State vehicle which was driven by co-employee while on State business brought negligence action against co-employee and action for uninsured motorist coverage against her insurer. The Circuit Court dismissed negligence claims. Court of Appeals held that trial court lacked subject matter jurisdiction because co-employee was immune from suit under workers' compensation law.
In Henderson v St. Louis County Government, 119 S.W.3d 184 (Mo. App. E.D. 2003), Court of Appeals dismissed action due to lack of jurisdiction where claimant failed to timely file her application for review with Commission.
In Etling v Westport Heating & Cooling Services, Inc., 925 S.W.3d 771 (Mo. Sup. banc 2003), dependents have no rights to recover against employer for wrongful death because Missouri does not recognize a common law cause of action for wrongful death, all recovery for death under workers' compensation being limited to the provisions of Section 287.240(1), which limited recovery is not in violation of the right to equal protection under the state constitution.
In Couch v Wischern d/b/a Urban Builders and J & J Home Builders, Inc., Inj. No. 95-120275 (LIRC 5/21/02), on question of cancellation of W/C insurance policy, evidence showed insurer failed to take necessary steps to cancel the policy, in accordance with the "Missouri Cancellation and Nonrenewal Endorsement" which required the insurer to "mail or deliver to (the insured) by certified mail, not less than 30 days advance written notice stating when the cancellation is to take effect". This applies to renewal as well as cancellation policies. No letter was sent.
In Smith v Semo Tank & Supply Co., 99 S.W.3d 11(Mo.App. E.D. 2002)the employee?s attorney agreed to a settlement amount, employer?s attorney pre-signed settlement stipulations, mailed it to the employee?s attorney, confirming verbal agreement of settlement. Claimant balked, would not sign settlement. The Commission issued an order that the alleged settlement was a nullity and not in the best interest of the parties. The appellate court said since this was not a "final award" there was no jurisdiction, the case had not been settled.
In Bock v Broadway Ford Sales, 55 S.W.3d 427 (Mo.App. E.D. 2001), the appellate court lacks jurisdiction to decide whether the Commission properly awarded permanent partial disability when the issue of permanent partial disability was not raised at the original trial for hardship for lost time and medical treatment only. Case remanded.
In Bosch v St. Louis Healthcare Network, 41 S.W.3d 462 (Mo. Sup., banc 2001), wife got work-related infection from needle stick, spouse filed for loss of consortium, negligent infliction of emotional distress. Case dismissed because "element of negligent infliction of emotional distress" requires claimant to be present "at the scene of the injury producing sudden event," claimant be required to be in a "zone of danger."