Mo. Rev. Stat. § 287.020
3.
(2) An injury shall be deemed to arise out of and in the course of the employment only if:
(RSMo 1939 § 3695, A.L. 1947 V. II p. 438; RSMo 1939 § 3744; A.L. 1945 p. 1996, A.L. 1959 S.B. 167, A.L. 1963 p. 408, A.L. 1967 p. 384, A.L. 1974 S.B. 417, A.L. 1977 S.B. 49, A.L. 1978 H.B. 1260, A.L. 1980 H.B. 1396, A.L. 1981 H.B. 324, A.L. 1993 S.B. 251, A.L. 2005 S.B. 1 & 130, A.L. 2008 H.B. 1883, A.L. 2013 S.B. 1)
Prior revision: 1929 §§ 3305, 3354
Effective 1-01-14
CROSS REFERENCE:
Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008
Accident
(1960) Where the ordinary performance of claimant's duties in laundry necessitated immersion of her hand in "sour solution" from time to time which allegedly caused her hand to swell and redden, resulting in loss of strength in the hand and arm, the occurrence or event was not an accident within the meaning of this section. Smith v. Cascade Laundry Co. (A.), 335 S.W.2d 501.
(1963) Claimant's sudden unexpected breaking through concrete floor with jackhammer and violent jerking of claimant to his knee constituted an accident within meaning of this section and spasms of muscles on left side of back found by doctor two days later were objective symptoms of injury produced "at the time" in absence of showing of independent intervening cause. Smith v. American Car & Foundry Div., A.C.F. Ind., Inc. (A.), 368 S.W.2d 515.
(1963) Where claimant, in ducking away from falling pieces of glass from employer's window which cracked from gust of wind, fell on floor and cut his hand, injury resulted from accident arising out of course of employment and not from act of God. Pierce v. Luce Manufacturing Company (A.), 375 S.W.2d 351.
(1967) The definition of the word "accident" is broad enough to include an unusual or abnormal strain, but a back injury suffered in course of usual work where no abnormal or unusual strain contributed to injury was not an accident. Mason v. F.W. Strecker Transfer Company (A.), 409 S.W.2d 267.
(1971) Inhalation of paint dust and paint fumes for a period of over three years by person employed as sander and spray painter of dispensing machines, and resulting effect on his body and lungs, including aggravation of preexisting condition of tuberculosis held not an "accident" under this section. Bess v. Coca-Cola Bottling Company of St. Louis (A.), 469 S.W.2d 40.
(1972) Evidence sufficient to support finding of commission that accident wherein grinding wheel claimant was operating exploded, struck his groin, slashed his penis and tore open scrotal sac directly caused sexual impotence and anxiety neurosis which resulted in his permanent partial industrial disability. Greer v. Black, Sivalls and Bryson, Inc. (A.), 483 S.W.2d 763.
(1973) Held that unusual abnormal and continuous physical and mental strain sustained by over-the-road truck driver constituted an "accident" within the meaning of the workmen's compensation statute. Snugges v. Steel Haulers, Inc. (Mo.) 501 S.W.2d 481.
(1974) Held that where workman was found dying after he had unloaded cargo in his normal job there was no presumption of accident. A heart attack is not "accidental" unless it results from unusual exertion and strain. It is incumbent on plaintiffs to produce affirmative evidence of accident. Russell v. Southwest Grease and Oil Co. (A.), 509 S.W.2d 776.
(1976) Held, that where piece of meat lodged in decedent's windpipe causing death from lack of oxygen and deceased was a journalist covering the banquet a compensable accident occurred. Travelers Insurance Co. v. Majersky (A.), 531 S.W.2d 765.
(1978) Notice or knowledge by employer of dangerous condition is not a consideration in determining foreseeability of event, thus fact that employer may have been negligent is not relevant in determining whether "accident occurs". Leicht v. Venture Stores, Inc. (A.), 562 S.W.2d 401.
Course of Employment
(1961) Injuries caused by falling door sustained by employee during her uncompensated lunch period when, after eating, she attempted to enter storeroom of employer for purpose of exchanging knife she had purchased and was required to furnish in her work for one more suitable, arose out of and in the course of her employment precluding recovery therefor at common law. Daniels v. Krey Packing Co. (Mo.), 346 S.W.2d 78.
(1962) Injuries sustained from fall, caused by insulin reaction, to concrete floor from assembly line platform 12 ½ inches above floor held not to have arisen out of course of employment. Howard v. Ford Motor Co. (A.), 363 S.W.2d 61.
(1963) Injuries sustained by employee held not to arise out of and in the course of her employment when she slipped and fell on ice and snow in public alley behind place of employment while on her way to work, although employees were required to enter and exit by rear door opening onto public alley. Hawley v. Eddy Brothers, Inc. (A.), 371 S.W.2d 338.
(1964) Injuries sustained by claimant, employed as service station attendant and whose competition in drag racing was sponsored by station owner for advertising purposes, in accident while driving service station truck with owner's permission on way to pick up engine for racing car held to arise out of and in the course of his employment. Liverman v. Wagner (A.), 384 S.W.2d 107.
1965) Words "arising out of" refer to the origin or cause of the accident and are descriptive of its character, while words "in the course of" refer to the time, place and circumstances under which the accident takes place. Kammeyer v. Board of Education (A.), 393 S.W.2d 122.
(1968) Injury to employee who fell over wire hoop on premises of employer while returning from an off-the-premises break during the paid hours of his employment, where ownership or origin of the hoop was not known and walkway where fall occurred was not normal place of ingress or egress, was not an accident arising out of the course of his employment. Kunce v. Junge Baking Co. (A.), 432 S.W.2d 602.
Employee
(1961) Where claimant, electrician, and his crew were employed at hourly rate to perform work on a job until such time as subcontractor could "move on" the job with his own crew, under the facts of the case, the finding by the commission that claimant was an employee and not an independent contractor was justified. Specie v. Howerton Electric Co. (A.), 344 S.W.2d 314.
(1962) The principal owner and director of a corporation who owned substantially all of the stock and directed its every operation was not an employee within the meaning of the workmen's compensation law and therefore was ineligible for benefits. Gazzoli v. Star Novelty Co. (A.), 354 S.W.2d 296.
(1965) Relationship of master and servant must exist for the claim to be compensable, and the test of the relationship is the right to control the means and manner of service, as distinguished from controlling the ultimate results of the service. Gass v. White Superior Bus Co. (A.), 395 S.W.2d 501.
(1967) Claimant who owned 49 or 100 outstanding shares of alleged corporate employer, was secretary-treasurer of company and shop foreman in its plant was an employee of the corporation. Saxton v. St. Louis Stair Company (A.), 410 S.W.2d 369.
(1969) Volunteer working at hospital without pay was an employee within meaning of employee "under any appointment or election" in this section. Orphant v. St. Louis State Hospital, Division of Mental Diseases (Mo.), 441 S.W.2d 355.
(1977) Sole proprietor of unincorporated business is not an "employee" and is not eligible for benefits for injury received while performing duties normally performed by an employee. Bethel v. Sunlight Janitor Service (Mo.), 551 S.W.2d 616.
Occupational Disease
(1956) Disability from occupational disease regarded as an industrial accident, and the occurrence of the disability as the event or accident which gave rise to liability. Staples v. A.P. Green Fire Brick Co. (A.), 296 S.W.2d 498.
(1956) Where employee's death from silico-tuberculosis, an occupational disease, did not occur within 300 weeks after the occurrence of disability, claimants were not entitled to recover for death. Staples v. A.P. Green Fire Brick Co. (A.), 296 S.W.2d 498.
(1958) Noise induced hearing loss held not an occupational disease within the workmen's compensation law. Marie v. Standard Steel Works (A.), 311 S.W.2d 368. Reversed: (Mo.) 319 S.W.2d 871 (1959) held that finding of commission that noise induced deafness was occupational disease was within its powers.
(1958) Holding that disease (cancer of urinary tract) allegedly resulting from exposure to harmful chemicals, which was not theretofore known to be incidental and peculiar to an occupation, was an occupational disease within this statute, sustained. King v. Monsanto Chem. Co., 256 F.2d 812.
Total Disability
(1958) In determining whether claimant is totally disabled, the question is whether any employer, in the usual course of business, seeking persons to perform duties of employment in the usual and customary way would reasonably be expected to employ him in his existing physical condition. Groce v. Pyle (A.), 315 S.W.2d 482.
(1981) An uncompensated worker is an employee by appointment within the meaning of the workers' compensation law if he is in the service of an employer and that employer exercises control or has the right of control, over the worker. Stegeman v. St. Francis Xavier Parish (Mo.), 611 S.W.2d 204.
(1983) Liberally construing the term "accident" as used in the Workers' Compensation Act, so long as an injury is clearly job related, it is compensable. Wolfgeher v. Wagner Cartage Service, Inc. (Mo. banc), 646 S.W.2d 781.
(1993) Where volunteer regularly worked on Wednesdays, volunteer was not an employee for purposes of workers' compensation coverage when injured on a day not scheduled to work and agency had no control over volunteer on day of accident. Talir v. Midwest Area Agency on Aging, 848 S.W.2d 517 (Mo. App. E.D.)