Filtered workers' comp decisions

The Missouri LIRC affirmed the Administrative Law Judge's final award denying all workers' compensation benefits to Janet K. Scott for a left ankle injury sustained on March 16, 2010, while inspecting parts at her workplace. Although the injury was found to be work-related and compensable under Missouri law, no benefits were awarded because the claim was not filed within the time required by law.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation for an employee who suffered a right ankle injury while attempting to escape after being locked inside the employer's courtyard at the end of his shift. The Commission concluded that the employee's injuries arose out of and in the course of employment, as his activities were sufficiently incidental to his work, and provided supplemental analysis regarding the 2005 legislative changes to Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits for Gary Page's left ankle injury that occurred on January 12, 2011. Although the injury arose out of and in the course of employment, it was determined to be non-compensable under Missouri workers' compensation law.

The Commission affirmed the Administrative Law Judge's award of workers' compensation to employee Kay Brown for an ankle injury sustained on August 21, 2014, when her foot became stuck under a rolling cabinet while performing work duties. The Commission found that Brown's injury arose out of and in the course of her employment and rejected the employer's credibility challenges regarding her account of the accident.

The Labor and Industrial Relations Commission modified the administrative law judge's award, adopting most findings while addressing the admissibility of Dr. Stillings' medical report and determining permanent partial disability percentages for a right ankle injury sustained on June 6, 2012. The employee was awarded 35% permanent partial disability to the right ankle and 2% permanent partial disability of the body as a whole for psychiatric/psychological injuries causally related to the work accident.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for an employee who fell from a ladder on February 23, 2006, sustaining injuries to his right ankle and a psychiatric condition. The award includes permanent partial disability compensation and permanent total disability benefits from the Second Injury Fund.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Patricia Hulsey for an alleged right foot, heel, and ankle injury sustained on May 31, 2007 at Chrysler. The claim was denied because the injury was determined not to have arisen out of and in the course of employment under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for an employee who suffered a right ankle injury when she fell on employer-controlled premises while avoiding a crowd of students at the end of her work shift. The Commission found the injury arose out of and in the course of employment under the extended premises doctrine, as the employee was on premises owned and controlled by the employer and was exposed to a hazardous condition (steep sidewalk drop-off) not equally present in normal nonemployment life.

The Commission modified the Administrative Law Judge's award, increasing the permanent partial disability rating for the employee's right ankle injury from 7.5% to 25% of the right lower extremity at the 155-week level, resulting in $13,650.46 in benefits. The Commission found that medical records and credible employee testimony supported a higher disability rating, contrary to the employer's expert opinion that the ankle had returned to normal.

The Labor and Industrial Relations Commission modified the administrative law judge's award in a workers' compensation case involving a right ankle injury sustained on March 3, 2004. The modification added provisions ensuring that the employee's wife would be entitled to receive his permanent total disability benefits if she remained married to him at the time of his death, with entitlement ceasing upon her death or remarriage.

The Commission affirmed the administrative law judge's October 20, 2011 award finding the claimant, a school custodian, sustained a compensable left ankle fracture while performing job duties, with 40% permanent partial disability awarded. The Commission modified the award to provide broader future medical care coverage as reasonably required to cure and relieve the effects of the injury, rather than limiting it to specific treatments.

The Labor and Industrial Relations Commission modified the administrative law judge's decision to award reasonable costs of recovery to the employee under § 287.203 RSMo, finding that the employee was the prevailing party when the judge granted her request for ankle surgery and temporary total disability benefits. The Commission rejected the employer's argument that the employee did not prevail merely because the judge deferred ruling on one issue to the final award.

The Labor and Industrial Relations Commission reversed the ALJ's denial of workers' compensation benefits for an employee who injured his right ankle in a work-related fall on March 17, 2010. The Commission found that the injury satisfied the requirements of Missouri Workers' Compensation Law and awarded 30% permanent partial disability benefits for the right ankle injury.

The Commission affirmed the administrative law judge's decision denying Second Injury Fund compensation because the employee's preexisting right ankle condition (7.5% permanent partial disability) did not meet the 15% threshold required for major extremity injuries under Missouri law. The employee's January 2008 primary injury combined with the preexisting ankle condition did not entitle him to enhanced permanent partial disability benefits from the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Michael Starks for a left ankle injury sustained on May 2, 2008, while exiting a forklift at work. The employee was awarded permanent partial disability compensation of $14,580.92 from the employer, with the Second Injury Fund also found liable for additional benefits.

The Commission affirmed the administrative law judge's award finding that employee Lantie Wilson sustained a work-related injury to his right ankle when he fell on black ice in the employer's parking lot on December 12, 2008. The employee was awarded 25% permanent partial disability of the right ankle, temporary total disability compensation for 13 and 2/7 weeks, and past medical expenses of $27,011.49.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for James Harris, who suffered a right ankle injury when he slipped and fell on ice while making a delivery as an auto parts driver on February 6, 2004. The claim was found to be compensable under Missouri law, with permanent disability rated at 65% of the right leg, and the Second Injury Fund held liable for ongoing weekly compensation of $191.56.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Robert Taylor for a right ankle injury sustained on October 13, 2003, while employed at QuikTrip. The employee was awarded permanent partial disability benefits of 15 percent to the right lower extremity and 5 percent to the body as a whole, resulting from cumulative trauma caused by standing and constant turning and twisting movements required during work shifts.

The Commission reversed the Administrative Law Judge's award granting Robert Taylor temporary total disability benefits and 5% permanent partial disability for a right ankle injury claimed to have occurred on October 30-31, 2002 at QuikTrip. The Commission found that Taylor failed to prove he sustained a compensable injury and did not provide proper written notice as required by statute.

The Missouri LIRC reversed the administrative law judge's award that found the employee sustained a compensable right ankle injury on September 30, 2002, while working as an extra relief person at QuikTrip. The Commission determined that the employee failed to prove he sustained a compensable injury and did not provide proper written notice as required by statute.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Erin Cooper for a left ankle injury sustained in a slip and fall on September 14, 2006 while leaving her workplace at Bank of America. The award includes temporary total disability compensation, past medical expenses, and 40% permanent partial disability benefits totaling $40,046.30.

The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits to Andre Hammonds for a right ankle injury sustained when he slipped on ice. The denial was upheld because the slip and fall incident did not meet the statutory definition of "accident" under Missouri's 2005 Workers' Compensation Law amendments, which require the traumatic event to occur during a single work shift with specific, identifiable circumstances.

The Commission reversed the administrative law judge's denial of workers' compensation benefits, finding that the employee's April 13, 2004 left ankle injury arose out of and in the course of his employment as a bailiff. The case is remanded to determine the nature and extent of permanent partial disability, with compensation calculated at the maximum rate of $347.05 per week.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Delores Mills for a right Achilles tendon injury sustained on December 12, 2001. The claimant was awarded 22.5% permanent partial disability at the 155-week level, with the Second Injury Fund liable for 45.4 weeks of permanent partial disability compensation totaling $14,955.67.

The Commission affirmed the Administrative Law Judge's decision awarding no compensation in case 05-049495 but awarding benefits in case 05-142896 for a left ankle injury sustained while assisting a patient on December 13, 2005. The employee received $775.00 in medical bills and $2,524.25 for permanent partial disability (7.5% ankle at 155 week level) in the compensable case.