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Disrespect, lies and videotape: Hicks v. CMC, a cautionary tale for lawyers and their clients.
Sometimes an appeals court hands down a decision important not for any legal principle, but because of the practical lessons it provides for litigants and attorneys. Such is the case in the opinion handed down by the Western District in Kathleen Louise Hicks v. Commercial Metals Company, et al . Hicks started as a straight forward workers’ compensation case, but deteriorated into a retaliation claim and eventually a sanctions case, largely due to the actions or inactions of

Eric Lanham
Dec 17, 20255 min read


Is Covid-19 an Occupational Disease in Missouri? Umm, probably not, but.... A look at the Southern District's Decision in Johnson v. RBX Transportation.
On March 7, 2020, then Governor Mike Parsons announced the first case of COVID-19 documented in the state of Missouri. Since then, legal practitioners in the state’s workers’ compensation arena have struggled with determining whether the corona virus could qualify as a work-related condition. Last week, the Southern District Court of Appeals issued a decision in Gordon Johnson v. RBX Transportation , the first appellate decision attempting to resolve the issue. In Johnson,

Eric Lanham
Nov 6, 20254 min read


Unbaking the Cake? Southern District splits with Eastern District on Impact of Enhanced Benefit on Qualifying Injuries in SIF Cases: Walton v. Treasurer of Missouri
Last November, the Eastern District of the Missouri Court of Appeals ruled in Ryan v. State of Missouri, Second Injury Fund that a...

Eric Lanham
Mar 27, 20256 min read


Is Sexual Harassment always Sexual Discrimination Under the ICRA? An Analysis of Caroline Toe v. Kraft Heinz Food Company
On March 10, 2025, Commissioner Cortese affirmed a Deputy Commissioner’s decision in Caroline Toe v. Kraft Heinz Food Company ,...

Eric Lanham
Mar 18, 20257 min read


Past Medical Bills and Attorney Fees in Missouri: Who determines? Erwin v. Midway Arms
Note : While employed as an attorney with my prior firm, McAnany, Van Cleave & Phillips, P.A., I was involved in the appeals process on...

Eric Lanham
Mar 10, 20257 min read


Is COVID-19 Compensable in Iowa? Who knows? Collins v. Des Moines Area Regional Transit Authority
Charles Collins began working for the Des Moines Area Regional Transit Authority (DART) in 2018, originally as a full-time bus driver. ...

Eric Lanham
Feb 24, 20254 min read


Tips from the Tribunal: Nebraska Workers' Compensation Judge Hoffert Addresses the Numerosity Defense to Multi-part Interrogatories
Two rulings handed down by Workers’ Compensation Judge John R. Hoffert in January provide some guidance to practitioners working through...

Eric Lanham
Feb 18, 20253 min read


A new twist on Kansas Workers' Compensation Subrogation: Rumbaugh v. Direct TV
Subrogation in workers’ compensation can be tricky, and that’s especially true in Kansas. The employee's fault, loss of consortium...

Eric Lanham
Feb 18, 20255 min read
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