August 2018 Update - Legislative, Regulatory, Judicial

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There was no significant legislation affecting Missouri workers’ compensation that was passed this quarter.


The mileage reimbursement rate from July 1, 2017 to June 30, 2018 is $50.5 per mile.


The rates from July 1, 2017 to June 30, 2018 are $923.01 for TTD and PTD and $483.48 for PPD. 


Clark v. Dairy Farmers of America (MLW No. 71379/Case No. SD34826 – 10 pages) (Missouri Court of Appeals, Southern District).

  • Compensable Injury
  • “Accident”
  • Unusual Strain

Where an employer challenged a workers’ compensation award, arguing that the Labor and Industrial Relations Commission erred by determining that claimant’s rib fracture, manifested by a popping sensation, was both the injury  and the accident, the Missouri Supreme Court has held that the commission does not need to specifically pinpoint the accident and injury for an award to be upheld, and in this case the commission carefully evaluated the relevant facts and competing expert opinion, so the commissions property found that the claimant suffered an unusual strain as required under the law, and the award was supported by competent and substantial evidence. 

Judgement is affirmed.   

Wilkins v. Piramal Glass USA, Inc. (MLW No. 71443/Case No. ED105683 – 12 pages) Missouri Court of Appeals, Eastern District).

  • Compensable Injury
  • Staph Infection
  • Medical Bills


(1) Where an employee tore his calf muscle arising from an “awkward squatting position” while replacing a part on a machine at work, the evidence showed that the claimant was injured because he was at work performing his required activities, and sufficient evidence supported a finding that treatment for a staph infection flowed from this compensable injury and was required for treatment of the compensable injury. 

(2) Where an employer argued that the Labor and Industrial Commission erred in admitting a claimant’s medical bills and billing index as hearsay, the evidence was properly admitted as certified business records.

Judgment is affirmed.

Dickemann v. Costco Wholesale Corporation (MLW No. 71689/Case No. SC96513 – 8 pages) (Supreme Court of Missouri).

  • Lump-Sum Payment
  • Approval


Where a worker entered into a stipulation under which his employer agreed to pay him a lump sum to satisfy an award or weekly permanent total disability benefits, the Labor and Industrial Relations Commission properly found that it lacked authority to approve the stipulation because it was not a settlement of a claim under Section 287.390, and because the proposed payment was not equal to the commutable value of the future weekly payments.

Judgment is affirmed. 

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