Oswald v. National Fabco Manufacturing, Inc.

Summary

The Missouri Supreme Court affirmed the Labor and Industrial Relations Commission’s award of workers’ compensation benefits to James Oswald against National Fabco Manufacturing, Inc. The court held that Fabco, as the last employer before Oswald filed his claim and having employed him for more than three months, was liable under sections 287.063 and 287.067.7 for the claimed occupational injuries.

Holdings

1. The last employer before the claim was filed is liable for the occupational-disease claim under section 287.063 when the claimant worked for that employer for more than three months.

Questions Presented

1. Whether Fabco, as the last employer before Oswald filed his workers' compensation claim, was liable for all benefits related to his bilateral carpal tunnel syndrome even though he was first diagnosed while employed by Southern.
2. Whether the statutory exception in section 287.067.7 relieved Fabco of liability because the condition was diagnosed during prior employment.

Disposition

affirmed