Wilkerson v CMMG
DOLIR Aug 22, 2018 Dierkes
The parties disputed whether claimant sustained a compensable accident in 2013 or provide notice. Claimant hurt his shoulder playing volleyball on company property during an unpaid lunch and indicated the activity was known and encouraged by his employers.
The ALJ denied benefits as a recreational activity based on 287.120.7. Claimant offered no evidence that his actions fell within any of the three statutory exceptions.
The ALJ excluded a forensic report based on a hearsay objection.
A concurring commissioner noted the exclusion from comp coverage did not bar any other potential civil remedies.
Atty: Montgomery,
Experts: Russell, Cohen, Leonard
