Section 8.32 Workers’ Compensation

• Library: Settling Cases 2014

In determining choice of law governing workers’ compensation subrogation rights, Missouri follows the rule stated in Restatement (Second) of Conflict of Laws § 185(1971). Under § 185, subrogation rights are controlled by the law of the state under which an employee receives workers’ compensation benefits. Langston v. Hayden, 886 S.W.2d 82, 85 (Mo. App. W.D. 1994); see also Scott v. Mo. Pac. R. Co., 62 S.W.2d 834 (Mo. 1933); Giambelluca v. Thompson, 283 S.W.2d 531 (Mo. 1955).

In Perry v. Carter, 620 S.W.2d 50...