The Missouri Supreme Court recently denied worker's compensation benefits to a Missouri man who suffered a knee injury at work. The case is Miller v. Missouri Highway & Transportation Commission, 2009 WL 1872108 (Mo. banc 2009). Miller, an experienced highway worker, elected to walk "briskly" to facilitate the completion of ongoing highway repair work. The worker was walking on an even surface at work when his knee popped. The court decided that there was nothing about his work that caused his knee to pop, therefore the court determined that work was not a prevailing factor to his injury and denied the workers compensation benefits.
The court based its decision on a 2005 amendment to the Missouri Workers' Compensation Act which narrowed the definition of "accident". An injury will not be deemed to arise out of employment if it merely happened to occur while working but work was not a prevailing factor and the risk involved-here, walking-is one to which the worker would have been exposed equally in normal non-employment life. However, every injury is different and some very similar injuries may be deemed to be compensable under the workers' compensation guidelines, even if the employer initially denies the claim.
If you are injured at work, report the injury to your employer immediately.
If your workers' compensation claim is denied, the experienced attorneys at Tatlow, Gump & Faiella, LLC can evaluate your case and assist you through the claim process.
