Legal Opinion

LOCAL 2379, UNITED AUTOMOBILE AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, PLAINTIFF—APPELLEE v. ABB, INC., DEFENDANT—APPELLANT

Court of Appeals for the Eighth Circuit

Decided June 21, 2005No. 04-2914Published

1Opinion of the Court

GRUENDER, Circuit Judge.

ABB, Inc. (“ABB”) appeals from the district court’s grant of summary judgment in favor of Local 2379 of the United Automobile, Aerospace and Agricultural Implement Workers of America (“the Local”). We hold that the Missouri Workers’ Compensation Law (“MWCL”) does not prohibit an employer from requiring an injured employee to use paid-leave benefits, rather than unpaid leave, to attend follow-up medical treatment scheduled during work hours. For the reasons discussed below, we reverse the judgment of the district court and remand for entry of summary judgment in favor…

2Cases cited12 opinions

  1. Wengler v. Druggists Mutual InsuranceSupreme Court of the United States · 1980
  2. Wolfgeher v. Wagner Cartage Service, Inc.Supreme Court of Missouri · 1983
  3. Clark v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1909
  4. James Neff Kramper Family Farm Partnership v. Ibp, Inc.Court of Appeals for the Eighth Circuit · 2005
  5. Marie v. Standard Steel WorksSupreme Court of Missouri · 1959

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