Mark Cantor, proud to be recognized as a leader in Workers’ Compensation law in the State of Missouri.

The law firm of Cantor and Burger regularly tries Missouri Workers’ Compensation cases.  We handle the case from the very beginning aggressively and plan on a hearing, rather than a settlement, because that increases the value of our Clients’ recovery.  We fight hard to secure all the money you deserve while you are unable to work because of your work injury, all the medical care you require, and a lump sum for your permanent partial disability or a lifetime of payments for your permanent and total disability (which we sometimes are able to reduce to a lump day present value while you still receive social security payments from the Federal government.)  Here are some of our recent successes.

Because Workers’ Compensation cases are not part of the public record, these descriptions are purposely vague with a few exceptions that have either been appealed and are part of the public domain or with our clients direction to publish details.  We fight hard to protect our clients rights and recover money for them, and as you know, everyone wants money so we have changed some information to protect our clients’ privacy and not disclose their information with the ability to identify who they are.

Over 1 Million in Benefits Recovered

In the case of Paula Judd vs. BBC Industries Inc., we won Paula Judd over a million dollars in benefits in early 2013 including monies for a lump sum settlement, past disputed benefits, and future medical benefits.  These monies were only recovered after winning an interim trial called a hardship hearing and resulted in over a million dollars in benefits.

Over 1 Million in Benefits for Family of Tow Truck driver Killed in Line of Work

In early 2013, over a million dollars was recovered for a tow truck driver.  Mark Cantor represented the family of a tow truck driver who was killed in the line of work.   We were able to easily and quickly secure death benefits for the widow through workers’ compensation and, because of tragic circumstances we did not charge a fee for those services.  We were also able to recover a $25,000.00 resolution for the third party hit and run driver insurance who was subsequently caught.  Then the issue became one of underinsured motorist coverage and Mark Cantor successfully argued that even though the tow truck driver was 122 feet away from his vehicle when he was struck and killed that his client was an occupant of the tow truck, and therefore, an insured under the insurance company definition.  That insurance policy was one million dollars.  The settlement is confidential so the parties have been omitted here including the insurance company for the towing company.

Cantor & Burger is recognized in the Missouri Lawyer’s Weekly as having one of the most important legal decisions of 2012 (see Missouri Lawyer’s Weekly, January 7, 2013, major opinions)

Mark Cantor successfully tried the case of T.H. v  Sonic Drive Inn and achieved a large recovery for a woman who was raped at work by a known sexual predator.  Her employer denied a rape occurred because the woman took a day to report the event and she had little signs of physical trauma.  The Defense argued that there was no evidence of rape and blamed pre-existing personality disorders on the Claimant’s current state of mind.  Mark argued the woman was a victim of post traumatic stress disorder instead resulting from the rape.

At trial, Claimant could not recall her wages as a car hop at Sonic because of her post traumatic stress disorder.  The defendant failed to file a timely answer in response to her wages lost.  The trial judge ultimately awarded the Claimant a much lesser rate of pay since no evidence of wage had been presented.  As it stood, the victim would have been awarded around $3,200.00 when the actual value was nearly $70,000.00.  The Court of Appeals reversed and remanded on that issue only and found that wages are factual allegations admitted if an employer fails to file a timely answer. This is a case of first impression.

This case is important because it establishes new precedent and the case law for the State of Missouri as to the issue of rate of pay.  We are proud to be leaders in Workers’ Compensation law for the State of Missouri.

$371,000.00 Benefits for Claimant Recovered by Mark A. Cantor

Mark Cantor won a large settlement for Mrs. Jeannie Jones.  Mrs. Jones had three separate dates of injuries against her Employer.  Mark fought for years while Ms. Smith received medical treatment.  On the verge of trial, Mark successfully secured a recovery and the Claimant was able to walk away from her Employer and start a new life.  She has moved to California and has the funds necessary because of the successful conclusion of her case.

Mark Cantor was successful in arguing the disputed medical payments and the Employer paid out over $120,000.00 in medical care.  He was also successful in having the Employer pay temporary total disability in the amount of $35,817.04.

In September 2011, Mark Cantor resolved all three workers’ compensation claims, for a total lump sum payment of $216,062.55.  Therefore, the total benefits recovered for Claimant was $371,879.59.  In this case, Mark chose not to charge a fee for past medical expenses.

Over $750,000.00 recovered

On September 28, 2011 Mark Cantor recovered a total of $786,000.00 dollars for his client who suffered a low back disc herniation and required multiple surgeries.  The man is permanently and totally disabled from the work force now but received a lump sum payment for his lifetime.  The recovery included the costs paid for medical care, money for while he was off work, and future disability payments.  Since he received a lump sum he could potentially go back to seated work and his future benefits would not be affected as they will be paid now, not into the future, in the form of a lump sum.

In August, we won an Award in Missouri’s Workers’ Compensation for future medical care and a large lump sum was agreed upon for Mr. Keithly’s permanent and total disability. However, the big victory in the case came from the Court awarding disputed future medical care for Mr. Keithly, assuring that his medical needs will be provided for his lifetime. Mr. Keithly was injured while working for his employer, the State of Missouri, on several different occasions. At trial, the State: fought to avoid payment of any medical care in the future, hired a doctor for an opinion that work was not the cause of his injury, and that Mr. Keithly does not need any more medical care. After trial, Mr. Keithly was awarded future medical care, including pain management services and other care for life to treat his injuries which the Court ruled were necessary. Case: James Kiethly v. State of Missouri Court.: Division of Worker’s Compensation

Over 6 months in Temporary Total Disability Benefits Paid

Mark represented a claimant who was injured and released back to work at light duty and the Employer fired him.  He was then in physical therapy and tore his bicep tendon because they had previously fired him for a made up reason.  They relied upon that as the reason for not paying him temporary total disability benefits.  As a result, we filed a hardship and mediated the case and received over 6 months in temporary total disability benefits.  We also filed a claim the the EEOC who offered to issue a right to sue letter.  The EEOC will not pursue a claim for retaliatory discharge for filing a valid workers’ compensation claim so we may choose to sue at the conclusion of the workers’ compensation matter.  It is important to guard your right zealously in every arena of the law, otherwise, even with counsel that is limited to one area, you may be giving up rights that you legally possess that will result in money to you if pursued properly.


Huge Workers Compensation Settlement Easter Belle McCaine recently received a large settlement for alleged permanent total disability from the Second Injury Fund for the State of Missouri. The Second Injury Fund is a state fund defended by Missouri’s Attorney General and only pays when pre-existing medical conditions combine with a primary injury to cause increased disability. For instance, an old left knee injury combined with a recent right knee injury which settled above the statutory thresholds. As a result, a Claimant must prove that a pre-existing medical condition was a hindrance or obstacle to employment.  Immediately before trial we were able to settle Ms. McCaine’s case for a large lump sum, without affecting her Social Security. This was on top of her aforementioned primary Workers’ Compensation claim, which also settled for a large sum, and was also a claim that was completely denied by the employer.

Case: Easter Bell McCaine v. PX Wine & Spirits Court: Division of Worker’s Compensation


Huge Award and Penalty: $415,338 in permanent total benefits and >$180,000 in penalties Dale Wieda was injured while Employed at Stupp Brothers. The company’s treating doctor said that Mr. Wieda’s injury was not caused by work but because Mr. Wieda had diabetes and was not taking his medication. The doctor testified that he explained to Mr. Wieda that he had to take his insulin and other compliance issues. However, Mr. Wieda did not have diabetes.  We won at trial, and on appeal. The Court of Appeals found the Company doctor to be “biased, uniformed, and not credible.” Read the opinion here. Read the Industrial Commission’s opinion here. Case: Dale Wieda v. Stupp Brothers Bridge and Iron Court: Division of Workers Compensation


Widow and Son awarded Payments For Life Anthony Walsh lost his life while employed at Commonwealth Construction. Cantor & Burger was able to stack applicable insurance policies to obtain a significant recovery for Mr. Walsh’ family. We then aggressively pursued a Workers’ Compensation claim and succeeded in obtaining benefits for the family even though work comp usually does not cover claims of employees traveling to and from work. It was especially rewarding to obtain this result when we overcame significant hurdles on both the civil and work comp sides of the claim. Read the Industrial Commission’s opinion here. Case: Anthony Walsh v. Commonwealth Construction Court: Division of Workers Compensation


April 2011: $62,496.28 Worker’s Compensation Settlement for Injured Client.

We represented this client in a Missouri Workers’ Compensation claim against his employer Prairie Farm Dairy. Mr. Collins was injured on September 25, 2008 while at work and suffered a herniated disc in his neck. Unfortunately, Mr. Collins’ own primary care physician said that the work did not cause the disc herniation and therefore the injury was not work related. This was a difficult case because Mr. Collins had been recommended to have a neck surgery two years before his work injury.The employer’s worker’s compensation defense attorneys did not believe that they owed any money and stopped paying Mr. Collins while he was off of work. Mark Cantor was successful in resolving the claim for 35% disability of the body as a whole and having Mr. Collins be paid back temporary total disability payments meaning that we recovered his past lost wages. The case settled despite the defense’s position that money was not owed for $62,496.48.

In August, we won an Award in Missouri’s Workers’ Compensation for future medical care and a large lump sum was agreed upon for Mr. Keithly’s permanent and total disability.

However, the big victory in the case came from the Court awarding disputed future medical care for Mr. Keithly, assuring that his medical needs will be provided for his lifetime. Mr. Keithly was injured while working for his employer, the State of Missouri, on several different occasions. At trial, the State: fought to avoid payment of any medical care in the future, hired a doctor for an opinion that work was not the cause of his injury, and that Mr. Keithly does not need any more medical care. After trial, Mr. Keithly was awarded future medical care, including pain management services and other care for life to treat his injuries which the Court ruled were necessary. Huge Workers’ Compensation Settlement. Easter Belle McCaine recently received a large settlement for alleged permanent total disability from the Second Injury Fund for the State of Missouri. The Second Injury Fund is a state fund defended by Missouri’s Attorney General and only pays when pre-existing medical conditions combine with a primary injury to cause increased disability. For instance, an old left knee injury combined with a recent right knee injury which settled above the statutory thresholds. As a result, a Claimant must prove that a pre-existing medical condition was a hindrance or obstacle to employment. Immediately before trial we were able to settle Ms. McCaine’s case for a large lump sum, without affecting her Social Security. This was on top of her aforementioned primary Workers’ Compensation claim, which also settled for a large sum, and was also a claim that was completely denied by the employer.

Huge Award and Penalty: $415,338 in permanent total benefits and >$180,000 in penalties -

Dale Wieda was injured while Employed at Stupp Brothers. The company’s treating doctor said that Mr. Wieda’s injury was not caused by work but because Mr. Wieda had diabetes and was not taking his medication. The doctor testified that he explained to Mr. Wieda that he had to take his insulin and other compliance issues. However, Mr. Wieda did not have diabetes. We won at trial, and on appeal. The Court of Appeals found the Company doctor to be “biased, uniformed, and not credible.” Read the opinion here. Read the Industrial Commission’s opinion here. Case: Dale Wieda v. Stupp Brothers Bridge and Iron.Widow and Son awarded Payments For Life – Anthony Walsh lost his life while employed at Commonwealth Construction. Cantor & Burger was able to stack applicable insurance policies to obtain a significant recovery for Mr. Walsh’ family. We then aggressively pursued a Workers’ Compensation claim and succeeded in obtaining benefits for the family even though work comp usually does not cover claims of employees traveling to and from work. It was especially rewarding to obtain this result when we overcame significant hurdles on both the civil and work comp sides of the claim. Read the Industrial Commission’s opinion here. Case: Anthony Walsh v. Commonwealth Construction