Bosch v. St. Louis Healthcare Network

Summary

The Supreme Court of Missouri held that the workers’ compensation exclusivity provision, section 287.120.2, does not bar a spouse’s independent negligent infliction of emotional distress claim arising from an employee’s workplace injury. However, the plaintiff failed to plead that he was present at the scene of an injury-producing sudden event or within the zone of danger, as required under Missouri law. The court affirmed dismissal of the claim.

Holdings

1. Section 287.120.2 does not bar a spouse's independent negligent-infliction-of-emotional-distress claim because that claim is based on the spouse's own emotional injury and is not derivative of the employee's workplace injury.
2. Bosch failed to state a claim because he did not allege that he was present at the scene of the injury-producing sudden event or that he was within the zone of danger when the event occurred.

Questions Presented

1. Whether section 287.120.2 of the Missouri workers' compensation statute bars a spouse's independent negligent-infliction-of-emotional-distress claim arising from an employee's covered workplace injury.
2. Whether Bosch pleaded sufficient facts to state a claim for negligent infliction of emotional distress under Missouri law.

Disposition

affirmed