All Missouri workers' compensation decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Theresa Thompson for a low back injury sustained on July 20, 2010 while lifting and shelving copper coils. The claimant was entitled to temporary total disability benefits, permanent partial disability compensation, and medical aid totaling over $223,000, with additional underpayment and back pay amounts owed.

The Commission modified its prior award regarding permanent partial disability benefits calculation following a court mandate to recalculate based on full-time worker standards. The employer is now liable for $16,320.00 in permanent partial disability benefits at a rate of $204.00 per week for 80 weeks, with the Second Injury Fund liable for an additional $9,424.80 in enhanced benefits.

The Commission reversed the ALJ's decision denying permanent total disability (PTD) benefits from the Second Injury Fund for an employee who sustained a compensable work-related cervical spine injury on February 28, 2018, and subsequently underwent surgery at C5-6 and C6-7. The employee settled his claim against the employer for 15% permanent partial disability of the body as a whole referable to the cervical spine and has been unable to work since May 2018.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award granting permanent total disability compensation to Donald Brown for his work-related injuries to his back and left elbow. The Commission rejected the Second Injury Fund's argument that an anxiety disability should be considered in the PTD determination, finding that non-qualifying psychiatric disabilities need not be factored into the analysis.

The Commission modified its prior award regarding permanent partial disability benefits calculation following a Missouri Court of Appeals mandate. The case was remanded to recalculate benefits based on stipulated facts establishing a full-time employee work week of 40 hours and the employee's average weekly wage of $306.00, resulting in enhanced permanent partial disability benefits of $9,424.80 from the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Jason L. Collins' occupational disease claim involving cumulative trauma to his back and right lower extremity sustained while employed as a truck driver/laborer. The Commission rejected the employer's argument that an untimely answer resulted in admission of all facts including legal conclusions about whether the injury arose out of employment.

The Commission modified the ALJ's award to allow compensation for unpaid past medical expenses for employee Rodney Battles, who sustained a work-related back injury on October 5, 2016, requiring two back surgeries. The decision clarifies that an employer's duty to provide statutorily-required medical aid is absolute and unqualified under Missouri workers' compensation law.

The LIRC affirmed the administrative law judge's denial of the employee's workers' compensation claim for a January 18, 2019 work injury to his left elbow. The employee's testimony regarding the alleged work accident lacked credibility due to inconsistencies and failure to identify a specific time and place of occurrence as required by Missouri law.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Brian Cox, finding no compensable occupational disease or accident under Missouri law. The case involved disputed causation regarding whether Cox's carpal tunnel syndrome arose from his employment duties at the smelter or loading dock positions.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Lance Lanier for an injury sustained on December 1, 2017, finding that the work accident was not the prevailing factor in causing his medical condition and disability. The Commission held that the employee failed to meet his burden of proof that the injury arose out of and in the course of employment as required under Missouri law.

The Missouri LIRC reversed the ALJ's award of lifetime permanent total disability benefits to an employee who settled his cervical spine injury claim for 46% PPD, finding that the employee's continued work for years after the primary injury contradicted a finding of permanent total disability. The Commission held that even assuming permanent total disability, the claimant failed to submit sufficient evidence that his disability resulted from a combination of the primary injury and qualifying preexisting conditions as required by statute.

The Labor and Industrial Relations Commission modified the administrative law judge's award and decision in this workers' compensation case involving employee Pamela McCoy and employer Meridian Medical Technology. The Commission reviewed the case pursuant to § 287.480 RSMo and addressed issues regarding Second Injury Fund eligibility and permanent total disability claims under § 287.220.3.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits in a Second Injury Fund claim. The employee failed to meet the statutory requirements under § 287.220.3 for establishing a qualifying preexisting disability that, combined with a subsequent work-related injury, would result in permanent total disability.

The Commission affirmed the ALJ's denial of Second Injury Fund compensation for claims involving a January 2016 bilateral wrist injury and low back injury, finding that non-qualifying preexisting disabilities cannot be considered in determining permanent and total disability eligibility. The employee's argument that preexisting work-related conditions with fewer than fifty weeks of disability could be included in the PTD award was rejected based on the Supreme Court's holdings in Parker and Klecka.

The Commission affirmed the ALJ's award on insurance coverage regarding a fatal workplace accident where employee Luis Estrada fell from a forklift-elevated wooden box, suffering massive head injuries. The decision addressed compensability and insurance coverage issues under Missouri workers' compensation law, with the injury deemed compensable but coverage disputed between insurers.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to employee Rommal Whitefoot. The Commission found that the Division complied with statutory notice requirements by sending the hearing notice via certified mail to the employee's last known address, rejecting the employee's claim that he received insufficient notice of the February 1, 2022 hearing.

The Missouri LIRC reversed the administrative law judge's award finding medical causation between the employee's December 13, 2017 work injury and her cervical spine condition, determining the employer/insurer's expert opinion more credible than the employee's orthopedist. The Commission ruled the employer/insurer is not liable for compensation or additional medical treatment related to the cervical spine condition.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of death benefits to the widow of Russell Hayes, a volunteer firefighter killed in the line of duty. The majority awarded death benefits at the statutory minimum wage rate of $40.00 per week, though a dissenting opinion argued for a higher wage determination based on the statutory provisions for calculating average weekly earnings.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation to Donna Burns for injuries arising out of her employment at Wal-Mart. The employer/insurer's application for review was denied, with the Commission finding the ALJ's decision supported by competent and substantial evidence.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Robert P. Dahman for injury no. 17-090567, sustained on August 6, 2017. The Commission found the award was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in this case. Missouri was determined to lack jurisdiction over the claim, resulting in no compensation being awarded.

The Commission affirmed the administrative law judge's award of permanent total disability benefits to employee John J. White, Sr. following a fall from a concrete mixer truck on June 14, 2018. The employee is entitled to weekly compensation of $923.01 for life beginning April 10, 2019, with all past due compensation bearing interest as provided by law.

The Commission reversed the ALJ's award of permanent total disability (PTD) benefits from the Second Injury Fund, finding that while the employee sustained a 22.5% permanent partial disability of the right shoulder from the November 3, 2017 work injury, the PTD resulted from a combination of the primary injury and multiple preexisting disabilities including prior knee and ankle injuries. The Court denied SIF liability for PTD benefits because the employee's PTD was not solely attributable to the primary injury combined with preexisting disabilities exclusive of a compensable 1995 left knee injury.

The Commission affirmed the ALJ's award allowing workers' compensation, finding that the employee failed to establish that her July 17, 2014 work event constituted a new and distinct injury separate from her prior June 4, 2014 lifting injury. The employee's unimpeached testimony and expert evidence were deemed insufficient to meet the burden of persuasion required to establish a separate Second Injury Fund claim.

The Commission affirmed the ALJ's award of 5% permanent partial disability of the body as a whole for Timothy R. McCann's June 1, 2018 work injury, finding Dr. Lennard's evaluation more credible than Dr. Koprivica's higher assessment. The Commission also determined that McCann is not permanently and totally disabled based on his employment history, work capacity evaluation, and ability to compete in the open labor market.