"Meyerkord & Kurth, LLC: A Legacy of Legal Innovation"
Today, attorney Brian Kurth appeared before the Missouri Court of Appeals to present an oral argument in a worker’s compensation matter which was handled by attorney Geoff Meyerkord and tried by attorney Joe Klenofsky, both of Meyerkord & Kurth. At hearing, the employee prevailed and the State of Missouri, his employer appealed. The Labor and Industrial Relations Commission reversed the finding of the Administrative Law Judge and denied the employee approximately $66,000 in benefits. The employee then appealed to the Appellate Court for the Eastern District of Missouri.
The specific issue on appeal was whether the employer was prejudiced by the employee's delay in providing written notice of the work related injury to his employer. Under Missouri Law, when an employee fails to give timely notice to the employer of a work injury, the employee must show that the employer was not impaired in their ability to investigate the incident where the injury occurred and that the employer was not prevented from mitigating the injury by providing for proper medical treatment.
Attorney Brian Kurth argued the employer was not prejudiced in performing an investigation of the incident because key witnesses to the incident continued to work for the employer long after the employer was provided with notice of the injury. Secondly, attorney Kurth argued that the employee treated with a medical doctor for his injuries in a timely manner. Attorney Kurth pointed out that the employee's doctor offered uncontradicted testimony that the employee's treatment was both reasonable and necessary. If you have been hurt at work, you need an experienced advocate to help protect your rights in a worker’s compensation action. Contact the attorneys at Meyerkord & Kurth for a free consultation and an assessment of your case. 1-800-391-4318.
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