On Tuesday, August 3, 2010, in a far-reaching decision, the Missouri Court of Appeals, Western District, handed down Robinson v. Hooker, Case No. WD71207, which applied the 2005 "strict construction" amendment to the Missouri Workers Compensation Act, and allowed lawsuits against negligent co-workers to proceed in civil court. It determined that co-worker liability is no longer protected under the shield of workers compensation.
Prior to 2005, Missouri statute 287.800 mandated that all provisions of the Workers' Compensation Act be liberally construed. Under this standard, courts broadly interpreted the Act to extend benefits to the largest possible class and resolved any doubts as to the right of compensation in favor of the employee.
The Workers Compensation Act provides immunity for employers against civil claims for acts of negligence, and requires that all actions by employees against employers to be made under the Workers Compensation Act. Under the earlier "liberal construction" standard, the courts interpreted the statute to also provide immunity from civil suit for any alleged co-employee negligence.
In 2005, under the Blunt administration, the Act was amended to eliminate the requirement of liberal construction and mandated that any reviewing courts shall construe the provisions of this chapter strictly. Strict construction requires that a "statute can be given no broader application than is warranted by its plain and unambiguous terms" and "presumes nothing that is not expressed."
In Robinson v. Hooker, the Missouri Court of Appeals decided that based on the new requirement of strict construction, the provision of the Workers' Compensation Act, which grants employer immunity from civil claims, cannot be applied to co-employees. The immunity applies only to those who qualify as an "employer" as that term is defined in the statutes. The injured employee retains a common law right of action against co-employees who do not fall squarely within the definition of "employer".
If you or a family member suffers a severe injury or death as a result of a work related injury, you should seek expert legal counsel as soon as possible. This area of the law is complicated and is continually changing. The attorneys at Tatlow, Gump, Faiella and Wheelan, LLC, will work closely with you and your family to determine the best course of action for you, so that you will obtain all of the benefits that you are entitled to under the law.
