Section 9 Lack of Provocation

• Library: Employer-Employee Law 2008

Under § 287.120.1, RSMo Supp. 2007, if the assault was provoked by the claimant, the claimant is not entitled to workers’ compensation benefits. McCutchen v. Peoplease Corp., 195 S.W.3d 421, 425 (Mo. App. S.D. 2006) (citing
Van Black v. Trio Masonry, Inc., 986 S.W.2d 200, 203 (Mo. App. W.D. 1999)). “[T]he Legislature has expressed an intent to preclude recovery of benefits in cases where the claimant was the aggressor . . . .” Van Black, 986 S.W.2d at 203.

The claimant does not need to actually strike the...