Section 6 No Recovery for Workplace Aggravation of Preexisting Condition (“New” Statutory Standard)

• Library: Damages 2012

Under the caselaw before the 2005 amendments to The Workers’ Compensation Law, Chapter 287, RSMo, a claimant could recover for the aggravation of a preexisting condition simply by establishing a direct causal link between the claimant’s job duties and the aggravated condition. See Rono v. Famous Barr, 91 S.W.3d 688, 691 (Mo. App. E.D. 2002). But when the legislature amended § 287.020, RSMo Supp. 2010, it modified the criteria for when an injury is compensable. Section 287.020; Gordon v. City of Ellisville...