Robert J. Amsler, Jr.

Senior Associate

636-798-0602   |   ramsler@wwbhlaw.com

Robert J. Amsler, Jr. focuses his trial practice in the areas of workers’ compensation law, administrative law, and the appellate courts.
photo of attorney Robert J. Amsler, Jr.

Overview

Robert J. Amsler, Jr. has tried cases in Missouri and Illinois state courts, administrative proceedings, and workers’ compensation matters.  Robert started his practice in the Missouri Attorney General’s Office in professional disciplinary cases and he was an Adjunct Professor of Law at the St. Louis University School of Law.  He has defended clients in civil cases, and administrative cases, as well as representing clients in numerous appellate cases including cases before the Missouri Supreme Court.  Robert has also successfully defended doctors before the Board of Healing Arts in Missouri.

Past Results

  • Devitre v. The Orthopedic Center of Saint Louis, L.L.C., and Mitchell B. Rotman, M.D., 349 S.W.3d 327, is a landmark Missouri Supreme Court case.  Robert successfully argued in a case of first impression that the statutory medical malpractice protections afforded doctors when treating patients are also applicable to doctors who evaluated persons in legal cases and when otherwise using their medical expertise outside of the traditional physician-patient relationship.  The Supreme Court affirmed the decision barring the case against The Orthopedic Center and Dr. Rotman.
  • Paxton v. Little Sisters of the Poor, Injury Number 14-001314, a Labor and Industrial Relations Commission decision, Robert advocated for the Little Sisters of the Poor in its termination of Ms. Paxton for post-injury misconduct when Ms. Paxton had intentionally left prescription drugs unlocked and unguarded and provided the wrong medication to a resident of the home.  The Commission overturned the administrative law judge’s finding that there was no misconduct and the commission held the employee had to repay the employer and insurer $12,605.85.
  • Schlereth v. Aramark Uniform Services, Inc., 589 S.W.3d 645 (Mo.App.  E.D. 2019) is a series of cases in which a supervisor claimed he had bilateral carpal tunnel syndrome, bilateral cubital tunnel syndrome and left epicondylitis and in a related case the supervisor alleged he had a traumatic brain injury with tinnitus arising from an accident in which a subordinate worker assaulted the supervisor.  The Court held that there was ample evidence from Aramark’s expert that if the claimant had no traumatic brain injury and the bilateral tinnitus was not caused by the assault.  
  • J.K.M. v. Kenneth J. Dempsey, M.D., 317 S.W.3d 621 (Mo.App. S.D. 2010) is an appellate case in which Robert argued that the plaintiff failed to fulfill the statutory requirement for the plaintiff to file a health care affidavit when suing a medical practitioner and the court abused its discretion when it extended the time for the filing of the affidavit in violation of the state statute.  The plaintiff asserted the doctor had breached his fiduciary duty and intentionally assaulted a patient by providing a placebo injection for treatment.  The Court of Appeals determined that a health care affidavit was required and that the circuit court had no authority to extend the time for filing of the health care affidavit. 
  • Liebach v. Arch Medical Services, Inc., 292 S.W.3d 585 (Mo.App. E.D. 2009) Robert successfully defended a verdict in favor of Arch Medical Services, Inc., in which the plaintiff claimed her hand was permanently in a claw type position due to a leak of a caustic cancer drug, Adriamycin, from the vein in the hand to the muscle tissue.
  • Aramark Educational Services, Inc. v. Faulkner, 408 S.W.3d 271 (Mo.App. E.D. 2013) is an appellate case holding that the employee must provide the employer with notice of the accident and that the legal admission that an accident occurred did not constitute an admission that the employer had proper notice and was not prejudiced by the employees failure to report the work injury to her employer.  As a result, the Court of Appeals stated the employee was not entitled to any benefits including temporary total disability, medical benefits, and permanency.  
  • State ex rel. SSM Health Care St. Louis v. Neill, 78 S.W.2d 145 (Mo. banc 2002) is a case that Robert litigated and successfully argued before the Missouri Supreme Court with regard to the proper venue of medical malpractice cases when the cases involved defendant non-profit health care providers.  The Supreme Court held the case, as well as all similar cases, had to be transferred from St. Louis City to St. Louis County.  
  • Garcia v. St. Louis County and the Treasurer of the State of Missouri, 916 S.W.2d 263 (Mo.App. E.D. 1995) held that the post-accident continued deterioration of the health of the claimant with a pre-existing disease was not to be considered in determining if the employee is entitled to permanent and total disability or Second Injury Fund liability.
  • Talbot v. Old Country Buffet, 46 S.W.3d 670 (Mo.App.. E.D. 2001) is a case in which the employee repeatedly failed to appear for a medical examination and Robert represented Old Country Buffet.  The court held that the dismissal of the case was proper, and the claimant was not entitled to any benefits for his continued failures to attend the examination.

Professional Affiliations

  • Missouri State Bar
  • Illinois State Bar
  • Bar Association of Metropolitan St. Louis
  • Federalist Society

Publications

  • Devitre v. The Orthopedic Center of St. Louis, LLC, et al.
  • Schlereth v. Aramark Uniform Services, Inc., et al.

Practices

Education

  • Saint Louis University School of Law (J.D., 1990)
  • Cardinal Glennon College (B.A., Philosophy, 1987)

Bar Admissions

  • Missouri
  • Illinois
  • U.S. District Court for the Western District of Missouri