Legal Opinion

Black v. Trio Masonry, Inc.

Missouri Court of Appeals

Decided February 23, 1999No. WD 55750PublishedCited by 2 opinions

1Opinion of the Court

HOWARD, Judge.

John B. Van Black appeals from the decision of the Labor and Industrial Relations Commission affirming the decision of the Administrative Law Judge (ALJ) which denied his claim for workers’ compensation benefits because he was the aggressor in the workplace altercation which resulted in his injuries. Van Black claims that there was insufficient evidence to support the Commission’s determination that he was the aggressor in the altercation, and alternatively he contends that Missouri’s recognition of the “aggressor defense” should be limited or abolished.

Affirmed.

Van Black was…

2Cases cited4 opinions

  1. Davis v. Research Medical CenterMissouri Court of Appeals · 1995
  2. Triad Painting Co. v. BlairSupreme Court of Colorado · 1991
  3. Stephens v. Spuck Iron & Foundry Co.Supreme Court of Missouri · 1948
  4. McDonald v. Grahn Manufacturing Co.Missouri Court of Appeals · 1985

3Cited by2 opinions

  1. Hampton v. Big Boy Steel ErectionSupreme Court of Missouri · 2003
  2. McCutchen v. Peoplease Corp.Missouri Court of Appeals · 2006

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