A recent Missouri case held that when the connection between an injury and a workplace activity is clear, the risk of injury during the injured worker's activities outside of work is irrelevant.
Statutes provide that where relation between work and injury is clear, exposure to risk outside of employment is irrelevant. Evidence supports finding of no pre-existing permanent injury and award of past medical expenses including epidural injections. Record shows that Commission did not ignore employer’s evidence.
DANNY WHITELEY, Employee-Respondent vs. CITY OF POPLAR BLUFF, Employer-Appellant
Missouri Court of Appeals, Southern District - SD31287