Missouri Court Says Exclusive Remedy Provision Doesn't Bar Claims

KANSAS CITY, Mo. -- A Missouri appellate court has affirmed the denial of a summary judgment motion, finding that the plaintiff's asbestos claims did not arise out of an accident and are therefore not barred by the exclusive-remedy provision of the Workers' Compensation Law. State, ex rel. KCP&L Greater Missouri Operations Co., v. The Honorable Jacqueline Cook, Circuit Court Judge, 17th Judicial Circuit Court, No. WD73462 (Mo. Ct. App.).

In the Sept. 13 opinion, the Missouri Court of Appeals found that the exclusive-remedy provision on which the defendant "relies to deny [the plaintiff] his common-law rights are plainly and unambiguously …