Poke v. Independence School District
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The Supreme Court reversed the judgment of the circuit court dismissing Plaintiff's complaint against Independence School District alleging that he had been fired in retaliation for filing a workers' compensation claim, in violation of Mo. Rev. Stat. 278.780, holding that the general assembly expressly waived whatever immunity the school district might have had.
In dismissing Plaintiff's complaint, the circuit court found that the school district enjoyed sovereign immunity from Plaintiff's workers' compensation retaliation claim. On appeal, Plaintiff argued that workers' compensation claims are authorized against the school district because the legislature included state and political subdivisions such as school districts as employers for purposes of the Workers' Compensation Law. The Supreme Court agreed and reversed, holding that, considered together, sections 278.780 and Mo. Rev. Stat. 287.030 reflect an express showing of legislative intent to waive the school district's sovereign immunity for Plaintiff's workers' compensation retaliation claim.
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