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No Workers Compensation Exclusivity for Employers that Fail to Obtain Comp Insurance

The Missouri Court of Appeals for the Western District, in Lewis v. Gilmore, finds: 

Nothing in the Workers' Compensation Act prohibits an employee or his dependents from recovering workers' compensation from one employer and tort damages from another employer who failed to secure workers' compensation insurances for its employees. In fact, the plain language of section 287.280.1 allows it. 

Download Lewis v Gilmore 2011

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John F. Cowling, Litigation Attorney, Armstrong Teasdale, Law firm
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An accomplished litigator, John Cowling counsels organizations through a range of strategic business decisions. He practices primarily in the areas of general litigation, environmental litigation and information technology law.

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