Vincent Hegger (Deceased) v. Valley Farm Dairy Company

Summary

The Supreme Court of Missouri affirmed the Labor and Industrial Relations Commission’s denial of enhanced mesothelioma benefits, holding that a defunct employer could not elect to accept liability under §287.200.4(3)(a) because the statute requires an affirmative election which the employer could not make after ceasing operations. The Court relied on the plain meaning of “elect” and concluded the default is rejection of enhanced liability.