In an opinion filed 9/13/2011, the Missouri Court of Appeals, Western District, announced that the workers’ compensation law does not limit a lawsuit for an occupational related disease. Distinguishing that Employers are immune from lawsuits where injuries are caused by an accident versus a cumulative exposure where they are not immune, the Court applied the plain and ordinary meaning of the 2005 law changes. This is an important case, for whether a medical condition is caused by exposure to a chemical, compound, or toxic substance, the Employee can pursue a lawsuit and workers compensation.
Proponents of the 2005 law changes are responsible for this holding, which undoubtedly will expose employers to risks which did not exist before the ill advised meddling occurred.
Labor and trial lawyer organizations told them this was a likely outcome in 2005, but they were committed to cutting people out of work comp coverage, and now it appears the Court has given effect to the plain and ordinary words used.
