Filtered workers' comp 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 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 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 Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Carol Gourley's injury sustained on January 13, 2007 at Cox Medical Center. One commissioner dissented, arguing the ALJ erred in denying payment for unpaid medical bills ($173,896.25) and temporary total disability benefits ($109,574.64) related to the compensable 2007 injury.

The Commission affirmed the Administrative Law Judge's award of permanent total disability compensation, finding the employee's November 1, 2016 back injury combined with qualifying preexisting disabilities met statutory requirements for Second Injury Fund liability. The employee's preexisting lower left extremity and thoracic disabilities, each exceeding fifty weeks of permanent partial disability, directly aggravated and accelerated the primary work-related back injury resulting in permanent total disability.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Steven Scott Oakley for injuries sustained when a loading dock door fell on him on November 17, 2010. The employee received compensation for temporary total disability, necessary medical care, and permanent partial disability benefits affecting his thoracic spine, low back, and head.

The LIRC modified the administrative law judge's award, allowing compensation for temporary total disability underpayment of $306.00 based on corrected weekly compensation rate of $204.00. The employee was determined to be 20% permanently partially disabled (10% cervical/thoracic spine, 10% lumbar spine) from an August 15, 2012 injury, with maximum medical improvement reached on September 10, 2012.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of 12% permanent partial disability for a lumbar spine injury sustained on May 17, 2016. The Second Injury Fund was found to have no liability because the employee failed to demonstrate preexisting disabilities meeting the statutory definitions required under § 287.220.3(2)(a).

The Commission affirmed the Administrative Law Judge's award of workers' compensation to employee John Owings for a back and neck injury sustained when a 30-foot extension ladder fell and struck him on January 24, 2019. The claimant was awarded 10.5% permanent partial disability of the body as a whole totaling $20,847.96.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for William Beavers' December 24, 2007 work injury. One commissioner dissented, arguing the ALJ erred in denying past medical benefits for post-surgery treatment and temporary total disability during the rehabilitative period.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Bobby Knight's lumbar spine injury sustained on December 18, 2015, when he fell backward onto pallets while working for FedEx Ground Package System. A dissenting opinion argued for a higher permanent partial disability rating based on medical testimony, but the majority upheld the original award.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's workers' compensation award for Bobby Knight, who sustained a compensable back injury while loading boxes on May 27, 2015. One dissenting member argued the employee should have been awarded greater permanent partial disability benefits based on medical evidence.

The Commission reversed the Administrative Law Judge's denial of the employee's workers' compensation claim, finding that the employee's March 9, 2007 fall while handling dairy milk cases at work was the prevailing factor in causing her lumbar spine injury. The case involved determining the Second Injury Fund's liability for permanent total disability benefits related to the employee's back injury and pre-existing degenerative spine condition.

The Labor and Industrial Relations Commission reversed the administrative law judge's decision denying permanent partial disability for a low back injury (DOI 5/17/12), finding that the record contained additional support for establishing a disability rating for this primary injury. The Commission found the employee had established sufficient evidence of permanent partial disability attributable to the primary injury, contrary to the judge's conclusion that the employee failed to meet the burden of proof.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Jimmy Fields for a left lower back injury sustained while lifting luggage on August 17, 2011. Although the injury was found to be compensable and work-related, no compensation was awarded despite documented medical treatment costs and temporary disability payments already made.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits, finding that the employee failed to prove permanent total disability resulted from the November 9, 2012 low back injury combined with preexisting conditions. The Commission determined that expert testimony did not support a finding of permanent disability from the primary injury, and thus Second Injury Fund liability was not established.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying compensation in a workers' compensation case involving a low back injury sustained while loading baggage. Although the injury was found to be compensable and arose out of employment, no benefits were awarded due to the determination that the injury resulted in only 3.5% permanent disability to the body as a whole.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing permanent total disability compensation to Jeffrey Gilman for a lower back injury sustained in 2011. One commissioner dissented, arguing the award should be modified to assign liability to the Second Injury Fund based on the combination of the primary injury with the employee's preexisting pulmonary condition.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Gary Fuwell for a lumbar spine injury sustained in a fall down stairs at a Missouri Department of Corrections facility on November 21, 2013. The employee was awarded permanent total disability benefits of $377.92 per week beginning September 28, 2016.

The Labor and Industrial Relations Commission reversed the administrative law judge's award of permanent total disability benefits from the Second Injury Fund, finding that the judge misapplied the statute by considering preexisting disabilities that did not meet the statutory requirements. The employee sustained a back injury while lifting at work in 2017 and had settled her primary claim for 20% permanent partial disability, but the Second Injury Fund challenged its liability based on the application of preexisting conditions.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for David King's low back injury sustained on August 10, 2013, when he slipped and fell on grease at the hotel. The employee was awarded 120 weeks of PPD benefits plus permanent total disability benefits from the Second Injury Fund.

The Labor and Industrial Relations Commission reversed the administrative law judge's award of permanent total disability benefits to the Second Injury Fund, finding that the employee's preexisting disabilities did not satisfy the fifty-week requirement under Missouri law. The employee sustained a back injury in a motor vehicle accident while working as a warehouse maintenance manager and subsequently settled his claim against the employer for 12.5% permanent partial disability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for Benjamin Branch's low back injury sustained on November 13, 2017, finding 14.5% permanent partial disability. A dissenting opinion disputed the disability percentage, arguing the evidence supported only 5% permanent partial disability rather than 14.5%.

The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for a recurrent disc herniation at L5-S1, finding that the employee failed to establish work duties as the prevailing factor in causing the injury. The court found Dr. Coyle's medical opinions unpersuasive, noting his 2017 deposition testimony contradicted his earlier written opinions regarding causation.

The Commission modified the administrative law judge's award in a workers' compensation case involving Justin Kent's low back injury from December 4, 2008. The Commission modified findings regarding permanent total disability, payment of past medical bills, and temporary total disability benefits while affirming other aspects of the decision.