Under Section 287.420 RSMo.,
If the employee has injury by a single accident, she or he must give notice (oral or written) of that accident within 30 days, or, if such notice is not given, the burden of proving the employer was not prejudiced shifts to the employee, and can be a total defense to the employer. It shoulder noted, however, that the notice defense does not apply to a repetitive motion or occupational disease type injury.
In Cass v City of Rolla, 73 S.W.3d 884 (Mo.App. S.D. 2002), notice of injury to the hand was sufficient to give notice of a later neck complaint, being equated to the hand injury.
In Holsapple v St. Lukes Hospital/Unity, Inj. No. 00-165681(LIRC) 2002, even though employee was aware as of 11/21/00 that she had a herniated disc in her neck she personally related it to a specific accident on 6/28/00, she did not report it until February, 2001, denying the employer the benefit of providing an opportunity to investigate the circumstances of the accident and to minimize the disability by providing necessary medical care. (ALJ Percy)
In Roseberry v JTN Trucking, Inc., Inj. No. 99-044717 (LIRC) 2002, the ALJ?s denial of case reversed because the employer had notice "of a potentially compensable injury" when, although the employee did not ask for medical care when the employer offered it, the employer was aware of the accident, the employee had headaches, the Commission held the employer told the employee to get medical attention if the pain persisted.
In Russell v Wal-Mart Super Center, Inj. No. 95-070176 (LIRC) 2002, the employee hit her "crazy" or "funny" bone, noted quick improvement, waited more than 2 months to seek treatment, medical causation was sketchy. The employee failed to give notice.
In Farmer-Cummings v Future Foam, Inc. And Personnel Pool of Platte County, 44 S.W.3d 830 (Mo.App. W.D. 2001). Written notice requirement not applicable to occupational disease (O.D.), respiratory problems, race, only to an injury by a specific accident. This is restatement of prior law. The Court also allowed past medical expenses that had been denied, the Court noting that the written notice is not necessary to recover the cost of past medical services where the employer was not prejudiced. In determining whether there was prejudice, the issue is whether the employee?s disability would be less if the employer had been afforded the opportunity in the first place to furnish medical aid.
In Glover v Platte County Ready Mix, (LIRC), 2/1/01, the claimant failed to establish he provided timely notice when left job in a huff and had no treatment until second job. (ALJ Allen)