Missouri Courts Speak on Workers’ Compensation and Exclusive Remedy
3/13/2009
Recently, the Missouri Supreme Court in a long-awaited decision addressed a few issues raised by the Missouri legislature’s 2005 amendments to the Workers’ Compensation Act, but many questions remain unanswered. In a plurality decision in Missouri Alliance for Retired American, et al v. Department of Labor and Industrial Relations, Division of Workers Compensation, SC88268, the Supreme Court dismissed the constitutional challenges of a consortium of labor organizations for lack of standing and lack of ripeness. The Court ruled that with no actual workers’ compensation claim before it, there was no way to weigh the potential controversy and the effect of the amendments as to a worker’s constitutional rights. Read more ...
