Legal Opinion

John Kolar v. First Student Inc., and Treasurer of Missouri as Custodian of the Second Injury Fund

Missouri Court of Appeals

Decided September 22, 2015No. ED102450PublishedCited by 22 opinions

1Opinion of the Court

ROBERT G. DOWD, JR., Presiding Judge

First Student (“Employer”) and New Hampshire Insurance Company (“Insurer”) appeal from the decision of the Labor and Industrial Relations Commission (“the Commission”) in favor of John Kolar (“Employee”). Employer asserts four points on appeal. We affirm.

Employee was employed as a bus driver for Employer. When Employee began working for Employer, he weighed almost 400 pounds. However, despite being overweight, there is no evidence he had difficulty doing his job before his injury.

On October 26, 2009, Employee was performing a pre-trip inspection of the bus…

2Cases cited8 opinions

  1. Hampton v. Big Boy Steel ErectionSupreme Court of Missouri · 2003
  2. Proffer v. Federal Mogul Corp.Missouri Court of Appeals · 2011
  3. Hogan v. BD. OF POLICE COM'RS OF KAN. CITYMissouri Court of Appeals · 2011
  4. Chambliss v. Lutheran Medical CenterMissouri Court of Appeals · 1991
  5. Scholastic, Inc. v. David VileyMissouri Court of Appeals · 2014

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3Cited by22 opinions

  1. State of Missouri v. Wesley William OsbornMissouri Court of Appeals · 2016
  2. Kirk Wilson v. Progressive Waste Solutions of MO, Inc., and Division of Employment SecurityMissouri Court of Appeals · 2017
  3. Michele Esquivel v. Hy-Vee, Inc. and Division of Employment SecurityMissouri Court of Appeals · 2016
  4. City of Columbia v. William Palmer Treasurer of the State of Missouri-Custodian of the Second Injury FundMissouri Court of Appeals · 2016
  5. The Executive Board of the Missouri Baptist Convention, A Missouri Non-Profit Corporation, As Representatives of the Missouri Baptist Convention, An Unincorporated Association v. Missouri Baptist University The Baptist HomeMissouri Court of Appeals · 2019

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