The Southern District Court of Appeals issued a decision on October 29, 2025, SD38724, affirming the Labor and Industrial Relations Commission decision finding the claimant’s Covid-19 was not sustained a compensable occupational disease. This is the first Missouri Court of Appeals decision to determine the compensability of alleged work-related Covid-19 exposure under Chapter 287. MVP Law attorney Trish Musick successfully defended this matter for the insured.
In this case, the claimant worked for his employer as a night dispatcher and a load coordinator. He worked at a desk he shared with an employee who worked the night shift. Their shifts would overlap by about 15 minutes. The night shift employee tested positive for Covid-19 the day before the claimant tested positive. There was testimony that there were 12-15 employees at the employer that were out sick in October 2020 (the month that claimant contracted Covid-19). No witnesses could identify an office employee who had Covid-19 before the claimant and the employee who shared his desk. There was also disputed evidence that Covid-19 prevention strategies were in use, such as the use of masks in the building, use of a fogging machine to clean ductwork, and use of hand sanitizer. Claimant also testified that whenever he was out in the community during the relevant period, he always wore a mask due to mask mandates.
The court determined that the claimant did not sustain an occupational disease arising
out of the course and scope of his employment. The court found that on the date of injury,
Covid-19 was an ordinary disease of life. Additionally, the court found the origin of the risk was not inherent in the performance of claimant’s job as a night dispatcher. There was nothing that would inherently increase the employee’s risk of Covid-19 in that job.
If you would like to read the full decision, you may do so here.
We continue to see decisions regarding the compensability of Covid-19 throughout our jurisdictions of Missouri, Kansas, Illinois, Oklahoma, Iowa and Nebraska and are ready to assist you with any questions you may have. Please contact Trish Musick or your MVP Law attorney with questions about the compensability of Covid-19.
