Trapped: Missouri Legislature Seeks to Close Workers' Compensation Loophole with Some Co-Employees Still Inside

This Note is a primer for Missouri practitioners to better understand the practical effect Robinson has had on co-employee liability in Missouri. Part II provides the unassuming factual background giving rise to Robinson's substantial departure from previous case law. To understand the context in which the court decided Robinson, Part III outlines Missouri's historical approach to co-employee liability and the recent statutory amendments mandating strict construction of the workers' compensation act that prompted the court's holding. In response, Part IV considers whether that extensive departure was warranted. After illustrating that the holding is not congruent with legislative intent and historical context, this Note will examine the pragmatic effect of Robinson. Lastly, this Note will analyze whether Robinson - monumental in its own right - is indicative of a larger problem with workers' compensation in Missouri ushered in by the 2005 amendments requiring strict interpretation of the Act.