Release Date: Feb. 19, 2020 (handed down Feb. 18, 2020)
Venue: not identified
Plot Summary: Two adult children sought benefits for enhanced benefits under the January 2014 law for meso exposure when Hegger died in 2015 from toxic exposure related to asbestos exposure during employment that ended in 1998. The Supreme Court found the benefits were unavailable to the dependents under the 2014 law because there was no evidence the defunct employer had "elected" benefits.
https://www.courts.mo.gov/file.jsp?id=150493
court of appeals case
2019 MO APP. LEXIS 816 ED 106278
Cast
Powell, Hon.
Stewart
Archer
Comments: The only issue before the court was whether claimant was entitled to enhanced benefits in 287.200.4(3) which allowed an additional 212 weeks at 300% of the state average weekly wage.
Employers who elected enhanced liability are not subject to civil liability and those who do not elect do not have the protection of the exclusive remedy. Claimant sought benefits through comp rather than arguing a lack of election to pursue a civil claim and asserted the election of coverage during the employment through 1998 contemplated coverage. The court rejected the argument and found 287.200.4(3) required an affirmative act, and cannot make an election under new law in 2014 if the company in 2014 does not exist, distinguishing the scenario when the employer had ongoing operation after 2014 and elects coverage that would trigger liability for exposures prior to 2014.
It was unclear if the parties had sought or received "regular" benefits under 287.200.4(1). The court takes no position if claimants would be entitled to "standard" benefits if the benefits had not been previously obtained.
