This Note will examine the status of the “arising out of and in the course of employment” requirement after Johme. Part II begins with an analysis of the facts and holding of Johme. Next, Part III synthesizes the background of workers’ compensation laws in Missouri, including the establishment of the workers’ compensation system, the development of the personal comfort doctrine, the 2005 statutory revisions, and two post-2005 cases interpreting the changes. Part IV outlines the court’s rationale in deciding Johme. Finally, Part V discusses the impact of Johme on the “arising out of and in the course of employment” requirement. This Note argues that: (1) Johme abrogated the use of the personal comfort doctrine to satisfy the “arising out of and in the course of employment” requirement, consistent with the 2005 statutory revisions; (2) Johme clarified the standard of proof for future claimants to show an injury arose out of and in the course of employment; and (3) the court’s rule is susceptible to criticisms for departing from the original goals of workers’ compensation.
Equal Exposure Brews Frustration for Employees: Court Filters Personal Comfort Doctrine through Workers' Compensation Amendments,
78 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol78/iss2/11