In Leach v Board of Police Commissioners of Kansas City, 118 S.W.3d 646 (Mo. App. W.D. 2003), employee was working jointly for two employers as a police officer and as a security officer when he was killed. Dependants sought recovery from only one employer since they would lose employee’s pension benefits if they collected worker’s compensation from the police department. The Ct of Appeals held that when more than one employer is jointly liable for compensation, the injured employee or dependents may under §287.130, elect to recover from any or all of the employers whether or not the employers were insured.
In Hillyard v Hunter Oil Co., 978 S.W.2d 75 (Mo.App. S.D. 1998), the Court determined the compensation rate for permanent disability when a claimant has two employers. The Commission calculated the permanent partial disability rate by combining the wages from both of the claimant’s jobs to determine claimant’s average weekly wage. The employer appealed asserting it was only liable for the average weekly wage from its employment. The Court affirmed the decision of the Commission, stating under Section 287.250.8, claimant was unable to return to his second employment, therefore, the employer’s liability was based upon employee’s total average weekly wage from his multiple jobs.
In Seiferd v Distinctive Service and Sign, 965 S.W.2d 410 (Mo.App. S.D. 1998), and Patrick v Clark Oil & Refining Co., 965 S.W.2d 414 (Mo.App. S.D. 1998), the statute on using multiple employments to calculate the compensation rate was not retroactive since it created a new right.