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TERRY LANKFORD, Employee, CAROL LANKFORD, WIDOW, Claimant/Dependent/Respondent v. NEWTON COUNTY, Employer/Appellant, and TREASURER OF MISSOURI AS CUSTODIAN OF SECOND INJURY FUND, Additional Party.

Mo. Ct. App.January 17, 2017No. SD34269Cited 4 times
Plaintiff WinNewton County$167,811.62 awarded
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Case Details

Judge(s)
Francis, Lynch, Scott, Principal
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Claim Types

Wrongful TerminationFailure to Accommodate

Outcome

The court affirmed the Labor and Industrial Relations Commission's decision finding that the employee contracted an occupational disease (MAI) from exposure to pigeon droppings at the courthouse and was permanently and totally disabled as a result. The employer was ordered to pay past and ongoing disability benefits to the employee's widow.

What This Ruling Means

**The Dispute** Terry Lankford worked for Newton County and developed a serious lung disease called MAI after being exposed to pigeon droppings at the courthouse where he worked. Lankford claimed this was a work-related illness that made him permanently disabled and unable to work. Newton County disagreed and refused to provide workers' compensation benefits. After Lankford passed away, his widow Carol continued fighting for the benefits he deserved. **The Court's Decision** The court sided with the Lankford family. It confirmed that Terry's lung disease was indeed caused by his workplace exposure to pigeon droppings, making it an occupational illness. The court ruled that Newton County must pay $167,811.62 in disability benefits to Carol Lankford. This includes both past benefits that should have been paid to Terry while he was alive and ongoing payments to his widow. **What This Means for Workers** This case shows that workers can receive compensation for illnesses caused by unsanitary workplace conditions, even from seemingly minor hazards like bird droppings. If you develop a health condition from workplace exposure, you may be entitled to workers' compensation benefits. Additionally, if a worker dies from a work-related illness, their surviving family members may continue to receive benefits.

This summary was generated to explain the ruling in plain English and is not legal advice.

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