Hicks v State of Mo
Release date: March 17, 2020
venue: Bonne Terre
Plot Summary: The State of Mo refused to pay benefits on a defense of misconduct under 287.170 to a corrections officer who injured his shoulder during training. He asserted he was unable to work after a full-duty release and he was terminated for various policy violations including failure to report to work. He underwent additional treatment after his termination and a total of three surgeries to his shoulder. Claimant sought additional TTD benefits between his termination,and final MMI determination.
https://www.courts.mo.gov/file.jsp?id=151776
ED 108023
Comments: The court noted that the legislature did not define misconduct to disqualify a worker from temporary benefits, but specifically excluded absence from work as misconduct. The court noted failure to follow proper procedure concerning absences supported a basis to terminate employment but not a basis to suspend TTD benefits based on the statutory language. Claimant was found totally, and not partially, disabled, so the case did not fall within the statutory exception to dispute benefits when available light duty was consistent with the medical restrictions.
