Wed, Oct 2, 2013

Brinker wins dismissal of suit against employer’s workers compensation carrier

Jeff Brinker won a motion to dismiss in the Circuit Court of St. Louis County in a case involving an employee who sued her employer’s workers compensation carrier for allegedly failing to provide timely benefits. Brinker won the motion by arguing (1) that plaintiff failed to state a cause of action for civil relief against the employer in any of the counts of the petition, (2) that the workers compensation carrier owed no duty to the plaintiff, and (3) that the carrier had no fiduciary or contractual relationship with the plaintiff.  The judge dismissed the petition with prejudice, and no appeal was filed.