Wilcut v. Innovative Warehousing
Missouri Court of Appeals
2007 Mo. App. LEXIS 915 (2007)
- Written by Serena Lipski, JD
Facts
Floyd Wilcut suffered severe injuries in an accident while driving a truck for Innovative Warehousing (defendant). Floyd’s physicians unanimously recommended a blood transfusion. Based on his religious beliefs as a Jehovah’s Witness, Floyd refused to undergo a blood transfusion, but he did submit to medical treatments and supplements designed to stimulate blood production. Floyd died from conditions caused by his blood loss, and his widow, Sharon Wilcut (plaintiff), later filed a claim for workers’-compensation death benefits. At the hearing, doctors testified with near certainty that Floyd would not have died if he had accepted a blood transfusion. A Jehovah’s Witness elder testified that accepting a blood transfusion was a sin, a Jehovah’s Witness could seek forgiveness for sins, and Floyd was a Jehovah’s Witness follower. The administrative-law judge denied Sharon’s claim, finding that Floyd’s refusal to accept the blood transfusion was unreasonable. Sharon appealed.
Rule of Law
Issue
Holding and Reasoning (Norton, J.)
Dissent (Romines, J.)
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