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Missouri Law Review

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Employees

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Equal Exposure Brews Frustration For Employees: Court Filters Personal Comfort Doctrine Through Workers' Compensation Amendments, Breanna Hance Apr 2013

Equal Exposure Brews Frustration For Employees: Court Filters Personal Comfort Doctrine Through Workers' Compensation Amendments, Breanna Hance

Missouri Law Review

This Note will examine the status of the “arising out of and in the course of employment” requirement after Johme. Part II begins with an analysis of the facts and holding of Johme. Next, Part III synthesizes the background of workers’ compensation laws in Missouri, including the establishment of the workers’ compensation system, the development of the personal comfort doctrine, the 2005 statutory revisions, and two post-2005 cases interpreting the changes. Part IV outlines the court’s rationale in deciding Johme. Finally, Part V discusses the impact of Johme on the “arising out of and in the course of employment” requirement. …