Legal Opinion

Roth v. JJ BROUK & CO. CORP.

Missouri Court of Appeals

Decided November 15, 2011No. ED 96708PublishedCited by 5 opinions

1Opinion of the Court

OPINION

CLIFFORD H. AHRENS, Presiding Judge.

J.J. Brouk & Company (Employer) and its insurer appeal the order of the Labor and Industrial Relations Commission denying their motion to approve a structured settlement with the family of deceased employee Luke Roth. 1 We reverse and remand.

Background

Luke Roth was exposed to asbestos while working for Employer between 1972 and 1976. He later developed lung cancer and died in 2002. His widow, Mary, filed the underlying worker’s compensation claim alleging that the asbestos exposure caused Roth’s death. The case was fully litigated, voluminous…

2Cases cited5 opinions

  1. J.C.W. Ex Rel. Webb v. WyciskallaSupreme Court of Missouri · 2009
  2. McCracken v. Wal-Mart Stores East, LPSupreme Court of Missouri · 2009
  3. Grubbs v. Treasurer of Missouri as Custodian of Second Injury FundMissouri Court of Appeals · 2009
  4. Myers v. Cap Sheaf Bread Co.Supreme Court of Missouri · 1946
  5. McBride v. LeggettMissouri Court of Appeals · 1999

3Cited by5 opinions

  1. Nance v. Maxon Electric, Inc.Missouri Court of Appeals · 2012
  2. M.A.H. v. Missouri Department of Social Services, Family Support DivisionMissouri Court of Appeals · 2014
  3. John H. Peer, Jr., R.Ph. v. Missouri Board of PharmacyMissouri Court of Appeals · 2014
  4. Hope Academy Corp. v. The Missouri State Board of EducationMissouri Court of Appeals · 2015
  5. Treasurer of The State of Missouri-Custodian of The Second Injury Fund v. Jimmy MickelberryMissouri Court of Appeals · 2020

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