The Missouri Supreme Court to consider arbitrability of a workers’ compensation retaliatory discharge claim.

December 20, 2017

The Supreme Court issued a preliminary writ of mandamus in State ex rel. Chaparro v. Youngs, SC96779.  In the underlying suit, Ms. Chaparro sued U-Haul alleging that it discriminated against her for a perceived disability and retaliated against her for exercising her workers’ compensation rights in violation of § 287.780.  U-Haul moved to compel arbitration of both claims based on the parties’ arbitration agreement.  The trial court sustained the motion to compel and stayed proceedings in the case pending arbitration.

In her writ petition Chaparro argued that, because the rights provided by the Workers’ Compensation Act cannot be waived as a matter of law, she was unable to waive her right to a civil action for damages under § 287.780 by signing an arbitration agreement.    The Court issued the preliminary writ on December 19, 2017.

The case has not yet been scheduled for argument.