Duever v. All Outdoors, Inc.
371 S.W.3d 863
| Mo. Ct. App. | 2012Background
- Duever, owner of All Outdoors, Inc., sues for worker’s compensation following a left shoulder injury from a fall on icy parking lot while at work.
- Employer leased a warehouse with a parking lot; Scott Properties was responsible for ice removal.
- Injury occurred February 17, 2007, after a safety demonstration on the parking lot; Duever slipped and injured his shoulder.
- ALJ awarded benefits; Commission affirmed with minor treatment-order modification.
- Employer challenged: (1) accident in fact; (2) whether injury arose out of employment; (3) premises liability under amended law.
- Court upholds Commission’s award, reviewing for substantial evidence and applying 2005 statutory amendments to narrow compensability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an accident in fact occurred | Duever’s fall on ice caused the injury | Weight/credibility disputes; fall questioned | Accident in fact occurred |
| Whether the injury arose out of and in the course of employment | Prevailing factor; employment-related risk | Risk was a general daily-life hazard | Injury arose out of and in the course of employment |
| Premises liability under amended law | Premises ownership/control not decisive | Statute abrogates extended premises doctrine | Statute inapplicable; injury still compensable |
Key Cases Cited
- Miller v. Mo. Hwy & Transp. Comm’n, 287 S.W.3d 671 (Mo. banc 2009) (defines post-2005 'prevailing factor' standard for injury arise-out-of)
- Strieker v. Children’s Mercy Hospital, 304 S.W.3d 189 (Mo.App. W.D.2010) (frames accident arising out/in analysis under §287.120.1)
- Hager v. Syberg’s Westport, 304 S.W.3d 771 (Mo.App. E.D.2010) (injury on the job vs. after work scenario distinction)
- Comeaux v. Convergys Customer Management Group, 310 S.W.3d 759 (Mo.App. E.D.2010) (credibility and weight-of-evidence considerations)