Filtered Decisions

The Commission affirmed the Administrative Law Judge's award denying compensation to Timothy P. Whitworth, finding that he failed to establish the existence of an accident or occupational disease and failed to prove a causal connection between his work activities and his back condition. The employee's credibility was questioned and his claims against the Second Injury Fund were denied.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of enhanced permanent partial disability benefits against the Second Injury Fund for an employee who suffered a work-related accident on August 2, 2004, that combined with preexisting cervical and lumbar spine conditions. A dissenting opinion argued the employee should have been awarded permanent total disability benefits based on her inability to compete in the open labor market given her combined injuries and preexisting conditions.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Charles Rose for a back injury sustained on March 4, 2005, while working on a cement truck. The employee was awarded permanent partial disability compensation of 12.5% body as a whole, with the Second Injury Fund holding liability for future benefits.

The Commission modified the ALJ's award to clarify inconsistent findings regarding permanent partial disability, finding the employee sustained 17.5% permanent partial disability of the body as a whole from a June 16, 1999 assembly line injury at Ford Motor Company. The Commission allowed compensation for the work-related back injury while addressing the conflicting determinations made by the ALJ.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Greg Wentz for a thoracic spine injury sustained on May 13, 2008, while unloading a delivery truck at O'Charley's. The employee was awarded $1,170.53 in unpaid medical expenses and $4,930.80 for 30 weeks of permanent partial disability (7.5% BAW) referable to the thoracic spine.

The Commission affirmed the ALJ's denial of permanent total disability benefits against the Second Injury Fund, finding that the employee sustained no permanent disability from his work-related injury despite being permanently and totally disabled overall. The employee fell from a cinder block while changing air conditioning filters, suffering head trauma and lumbar strain, but was released from treatment with 0% impairment rating.

The Commission modified the administrative law judge's award, finding that the work-related back injury from February 5, 2001 was a substantial factor in the employee's ongoing medical condition and disability, contrary to the ALJ's determination that a new injury in May 2002 severed the causal connection. The Commission credited the treating neurosurgeon's testimony over other medical experts and awarded additional compensation for post-July 2001 medical treatment and disability benefits.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Deborah Johnson for a back injury sustained on June 11, 2008 while assisting a resident with a gait belt. The injury was determined not to have arisen out of and in the course of employment under Missouri Workers' Compensation Law.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to employee Selina Burgess for an alleged back injury sustained on November 28 or 29, 2005 while throwing trash bags into a dumpster. The denial was based on employee's failure to provide timely written notice to the employer and lack of credibility regarding the claimed accident.

The Missouri LIRC modified the administrative law judge's award regarding Second Injury Fund liability for an employee who sustained a 10% permanent partial disability of the low back from a work injury on May 20, 2006. The employee had multiple preexisting conditions including prior shoulder, knee, and ankle injuries, and was entitled to compensation from the Second Injury Fund based on the nature and extent of the primary injury combined with preexisting disabilities.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to employee Terrie L. Kobolt for a low back injury sustained on January 6, 2005, while attempting to lift a grill into a dumpster at Lowe's Home Center in Eldon, Missouri. The award includes temporary disability benefits, past-due mileage reimbursement, and permanent and total disability benefits beginning February 27, 2010, along with future medical benefits.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Vincent Pebworth for a low back injury sustained on September 27, 2004, while employed at Green Horizons Garden Center. The claimant was found to have permanent and total disability with compensation beginning March 7, 2006, and ongoing benefits subject to modification as provided by law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Delbert Pruett for a low back and left leg injury sustained on August 4, 2005, when he slipped at work in Malden, Missouri. The employee was awarded permanent total disability benefits along with compensation for temporary total disability and medical expenses.

The Missouri LIRC modified the ALJ's award regarding Marion Lamberson's workers' compensation case, affirming that a July 18, 2005 accident was the prevailing factor in causing his lower back injury requiring fusion surgery and resulting in permanent total disability when combined with preexisting conditions. The Commission disagreed with certain aspects of the ALJ's analysis regarding the maximum medical improvement date and liability issues while ultimately affirming the employee's permanent total disability status and Second Injury Fund liability.

The Commission affirmed the Administrative Law Judge's decision denying compensation in this workers' compensation case involving a low back injury sustained during propane tank lifting. The claim was settled between the employer and insurer, resulting in no compensation awarded by the primary claim.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Selma Lewis for a low back injury sustained while assisting a patient at KU Medical Center on October 6, 2001. The claimant was awarded 15% permanent partial disability benefits totaling $24,377.08, with the Second Injury Fund liable for $4,611.88.

The LIRC affirmed the administrative law judge's award finding the employee's work-related injury to his lumbar back and lower extremities compensable under Missouri workers' compensation law. The injury occurred when a transmission fell and the employee instinctively caught it while attempting to align it with an engine on June 10, 2009.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding the claimant's compensable injury to his lumbar back and lower extremities occurred when a transmission fell and he instinctively caught it on June 10, 2009. This is a temporary or partial award with the case remaining open for further proceedings to determine the nature and extent of permanent disability.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Shirley Pioske-Schlueter for injuries sustained in a slip and fall accident on November 9, 2007. The claimant was awarded permanent partial disability benefits for her right leg and low back injuries, with lifetime weekly compensation of $163.80 from the Second Injury Fund beginning February 23, 2009.

The Commission modified the ALJ's award by allowing the employer a full credit for medical benefits paid to the professional athlete employee under contract, in addition to salary continuation benefits previously allowed. The employee was awarded permanent partial disability benefits for low back and right hip injuries sustained on May 3, 2002, along with future medical care coverage.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation to David Duly for back injuries sustained on June 6, 2005, with permanent partial disability rated at 7.75% of body as a whole. A dissenting commissioner argued the award should be modified to increase the disability rating to 25% and grant past medical expenses based on more recent MRI evidence reviewed by the orthopedic surgeon.

The Commission modified the administrative law judge's award, which had found the employee permanently and totally disabled from a March 15, 1999 work injury involving a slip on a wet floor causing lumbar strain. The Commission reviewed whether the employee was entitled to temporary total disability benefits from March 11, 2003 through April 25, 2004 and the extent of permanent disability resulting from the work injury.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying all workers' compensation benefits to employee Michael Altman for an alleged back injury sustained while picking up a concrete form. The Commission found that the injury did not arise out of and in the course of employment and therefore was not compensable under Missouri workers' compensation law.

The Missouri LIRC affirmed the Administrative Law Judge's award of workers' compensation benefits for Robert Smyth's work-related low back injury sustained on March 29, 2005. The Commission found the ALJ's decision was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law, despite a dissenting opinion arguing for permanent total disability benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Melvin Stark for a low back injury sustained on May 10, 2005, while installing a galvanized steel laundry chute at his workplace in Pulaski County, Missouri. The injury resulted in permanent total disability, and the Commission found the award was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.