Sunday, November 15, 2020

Court affirms denial of mental stress claim

 Steven Shipley v State of MO

Release Date:  Oct 27, 2020 

Venue:  Southern District

Plot Summary:  Maintenance supervisor at a state prison alleges  mental injuries ("nervous breakdown" ) from job duties but he fails to show his work was extraordinary or unusual or that a subsequent heart attack was related.

Inj. No.  SD 36643, 2020 MO APP LEXIS 1344 

Cast

Scott, J.

Moroni

Schmidtt

Comments:  The court noted claimant worked from 2001-2010 until he resigned.  He had a history of conflicts with peers, supervisors and vendors.   The court noted 14 witnesses.  The Commission affirmed the denial 2-1 without any opinion on the merits.  The court noted a failure in proof of extraordinary stress compared to same or similar employees under Mantia standard. There was no need for evidence to support a denial when the claimant failed to meet his burden of proof.