ROBBINS v. WEBCO, INC.

No. SD 31607.

369 S.W.3d 787 (2012)

Herbert ROBBINS, Appellant, v. WEBCO, INC., and Missouri State Treasurer, as Custodian for the Second Injury Fund, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

June 18, 2012.


Attorney(s) appearing for the Case

Randy Charles Alberhasky , The Alberhasky Law Firm, P.C., Springfield, for Appellant.

William C. Love and Andrew J. Donelan , Hyde, Love & Overby, LLP, Springfield, for Respondent.


DANIEL E. SCOTT, J.

Herbert Robbins, at age 19, lost his lower right leg to cancer. During a work shift 17 years later, his prosthesis failed. He sought a replacement through workers compensation. An ALJ denied the claim, finding that work was not the prevailing cause of the failure. Rather, the prosthesis had reached the end of its useful life and had worn out.

Robbins asserts on appeal that employers must replace prosthetics that fail in the workplace, regardless...

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