Mo. Rev. Stat. § 287.040
(RSMo 1939 § 3698, A.L. 2005 S.B. 1 & 130)
Prior revision: 1929 § 3308
(1958) Filling station employee injured while working on his own private car during working hours held not to have suffered injury arising out of and in course of employment. Carriker v. Lindsey (A.), 313 S.W.2d 43.
(1960) Where comprehensive liability policy issued to employer stated that it did not provide coverage "to any employee with respect to injury to another employee of the same employer injured in the course of such employment in an accident arising out of the maintenance or use of the automobile in the business of such employer" it excluded coverage to statutory employee who was employed by an independent contractor to perform services on the premises of the employer. Ward v. Curry (Mo.), 341 S.W.2d 830.
(1962) In personal injury action against steel company evidence presented question for jury as to whether plaintiff, driver of truck for contractor who provided delivery service for the steel company, was statutory employee of steel company. Walton v. United States Steel Corp. (Mo.), 362 S.W.2d 617.
(1964) In view of sections 287.040 and 287.120 subcontractor's injured employee could not maintain common law action for damages against general contractor. Thompson v. Kroeger (Mo.), 380 S.W.2d 339.
(1965) "Premises", as used in this section contemplates any place, under exclusive control of employer, where employer's usual business is being carried on or conducted. Johnson v. Simpson Oil Co. (A.), 394 S.W.2d 91.
(1967) An organization engaged in the business of furnishing workmen to its customers, usually on a temporary basis, charging the customer and paying the furnished workmen was not an independent contractor within the meaning of this section. Wright v. Habco, Inc. (Mo.), 419 S.W.2d 34.
(1972) As used in subdivision 1 of this section, the term "premises" is not restricted to the permanent site of the statutory employer's business nor limited to property owned or leased by him, but contemplates any place under the exclusive control of the statutory employer where his usual business is being carried on or conducted. Boatman v. Superior Outdoor Advertising Co. (A.), 482 S.W.2d 743.
(1974) Held evidence that carpenter remodeling a garage for brick manufacturer to be leased to a trucking company hauling bricks was not a statutory employee of either company. Saale v. Alton Brick Company (A.), 508 S.W.2d 243.
(1976) To become a statutory employee three conditions must be met: 1. The work was performed under a contract; 2. The injury must have occurred on or about the premises of the employer; 3. The injury must have occurred while performing work normally done in the usual course of business of the employer. Miller v. Municipal Theatre Ass'n of St. Louis (A.), 540 S.W.2d 899.
(1987) Claimant who was injured while repairing the public address system for racetrack was not an employee under this section entitled to benefits since work performed was not done in furtherance of the usual operation of the racetrack. Rouge v. St. Charles Speedway, 733 S.W.2d 854 (Mo. App.).
(2009) Question of status as to statutory employee is not a matter of subject matter jurisdiction subject to a motion to dismiss; issue may be waived if not timely raised as an affirmative defense. McCracken v. Wal-Mart Stores East, LLP, 298 S.W.3d 473 (Mo.banc).