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Current State Of Co-Employee Immunity Under Workers' Compensation Law, The, Michael S. Kruse
Current State Of Co-Employee Immunity Under Workers' Compensation Law, The, Michael S. Kruse
Missouri Law Review
The exclusivity provision of Missouri's Workers' Compensation Act ("the Act") essentially constitutes a statutory mandated quid-pro-quo agreement amongst employees and their employers. Under the terms of the Act, employers incur the burden of no-fault liability for workplace injuries. The Act states that "[e]very employer ... shall be liable, irrespective of negligence, to furnish compensation . . . for personal injury or death of the employee by accident arising out of and in the course of [his] employment." In exchange for employers incurring this burden, the Act statutorily abrogates any common law right of action the employee may hold against the …
Another One Bites The Dust: Missouri Puts To Rest Uncertainty About Anatomical Gift Immunity, Ryan Deboef
Another One Bites The Dust: Missouri Puts To Rest Uncertainty About Anatomical Gift Immunity, Ryan Deboef
Missouri Law Review
In 1968, the Uniform Law Association ("ULA") adopted the Uniform Anatomical Gift Act ("UAGA"). 2 In seeking to promote anatomical gifts, 3 the UAGA immunizes medical personnel who procure human tissue, organ, and bone. Legislatures in all fifty states have since enacted some form of the UAGA. 4 Many state courts interpreted their respective UAGA immunity provisions long ago.' But, until recently, Missouri courts had not yet had the opportunity to interpret Missouri's UAGA immunity provision. In Schembre v. Mid-America Transplant Ass'n,6 Missouri's Eastern District Court of Appeals addressed Missouri's UAGA immunity provision for the first time.7 This Note explores …