Section 15 Exclusive Jurisdiction of Labor and Industrial Relations Commission

• Library: Employer-Employee Law 2008

The Labor and Industrial Relations Commission has exclusive jurisdiction to determine whether an employee’s injuries resulted from an accident. Killian v. J & J Installers, Inc.,
802 S.W.2d 158, 160–61 (Mo. banc 1991); State ex rel. McDonnell Douglas Corp. v. Ryan, 745 S.W.2d 152, 154
(Mo. banc 1988). This principle has been applied to various claims by employees against their employers based on workplace violence incidents. In some cases, courts held they lacked jurisdiction to decide the compensability of the injuries and hence the validity of an assertion of workers’ compensation exclusivity. See, e.g.:

• Thompson v. W.-S. Life Assurance Co., 82 S.W.3d 203, 209–10 (Mo. App. E.D. 2002) (trial court lacks jurisdiction to determine whether workplace assault was...