Templemire v. W&M Welding, Inc.

In 2006, Appellant was injured in the course and scope of his employment when a large metal beam crushed his left foot. Appellant received workers’ compensation benefits for his injury. Appellant subsequently returned to work for Employer on “light duty.” Appellant was on a break to rest his foot when Employer’s owner terminated him. Thereafter, Appellant filed a claim of retaliatory discharge against Employer. A jury entered a verdict in favor of Employer. The Supreme Court reversed, holding (1) to make a submissible case for retaliatory discharge under Mo. Rev. Stat. 287.780, an employee must demonstrate his or her filing of a workers’ compensation claim was a “contributing factor” to the employer’s discrimination or the employee’s discharge; and (2) the trial court erred in instructing the jury that it had to determine Appellant was discharged exclusively in retaliation for filing a workers’ compensation claim. Remanded for a new trial. View "Templemire v. W&M Welding, Inc." on Justia Law