Ogletree Deakins: Missouri Supreme Court Lowers Employees' Burden of Proof in Workers' Compensation Retaliation Claims | Practical Law

Ogletree Deakins: Missouri Supreme Court Lowers Employees' Burden of Proof in Workers' Compensation Retaliation Claims | Practical Law

This Law Firm Publication by Ogletree, Deakins, Nash, Smoak & Stewart, P.C. discusses Templemire v. W&M Welding, Inc., in which the Missouri Supreme Court lowered the standard of proof for employees alleging retaliation for filing workers' compensation claims. Under the new standard, employees who are retaliated against are only required to prove that their workers' compensation claim was a contributing factor, rather than the exclusive reason, for their retaliation. This decision overturns three decades of Missouri case law and expands potential liability for Missouri employers.

Ogletree Deakins: Missouri Supreme Court Lowers Employees' Burden of Proof in Workers' Compensation Retaliation Claims

by Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Published on 21 Apr 2014Missouri, United States
This Law Firm Publication by Ogletree, Deakins, Nash, Smoak & Stewart, P.C. discusses Templemire v. W&M Welding, Inc., in which the Missouri Supreme Court lowered the standard of proof for employees alleging retaliation for filing workers' compensation claims. Under the new standard, employees who are retaliated against are only required to prove that their workers' compensation claim was a contributing factor, rather than the exclusive reason, for their retaliation. This decision overturns three decades of Missouri case law and expands potential liability for Missouri employers.