HB 160 -- Co-Employee Liability for Negligence Mo. HB160
This bill requires co-employees to be released from liability for negligence in performing the nondelegable duty of an employer to provide a safe workplace when the negligence contributes to another employee’s personal injury or death unless the employee engaged in purposeful, affirmatively dangerous conduct.
The bill is intended to clear up the confusion generated by recent decisions in St. Louis City by Judge Dierker and the Western District federal court by Judge Smith about whether occupational disease is covered by the Missouri Workers' Compensation Law. Contrary to Judge Dierker, Judge Smith finds that the 2005 amendments to the Workers' Compensation Law did not remove occupational diseases from comp coverage.
Also of note is that Judge Ortrie rejects the notion that a motion to dismiss cannot be used to deal with a case that comes within the Workers' Compensation Law. His opinion may be a little weak there, but the concept that an affirmative defense can form the basis of a motion to dismiss has been around a long time. See Idekr v PPG Industries.pdf