Section 6 Elements of Compensability
| Library | Employer-Employee Law 2008 |
As set forth in § 287.120.1, RSMo Supp. 2007, quoted in §24.4 above, the following are the essential elements in determining the compensability of workplace violence under The Workers’ Compensation Law, Chapter 287, RSMo—and thus the availability of the workers’ compensation exclusivity defense:
- The employee’s personal injury or death was caused by an “accident.”
- This accident arose out of and in the course of...
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