Filtered workers' comp decisions

The Labor and Industrial Relations Commission reversed the Administrative Law Judge's award of 15% permanent partial disability combined with preexisting disabilities to render the employee permanently and totally disabled. The Commission found issues with the timeliness of the claim filing and the determination of permanent disability resulting from the April 13, 2004 low back injury.

The Commission reversed the ALJ's temporary or partial award that found the employee sustained a compensable work injury to his lower back on December 1, 2008, while unloading a truck. The Commission determined that medical causation evidence did not support the finding that the work incident was the prevailing factor in causing the employee's lower back condition, given his extensive prior back injury history including a previous fusion.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's corrected award granting workers' compensation benefits to Todd Grauberger for a back injury sustained while moving furniture on November 19, 2001. The injury was found to be compensable, and the employee was awarded permanent total disability benefits with temporary disability compensation of $44,294.52 paid to date.

The Commission reversed the administrative law judge's decision and awarded permanent partial disability benefits, finding the employee sustained a 30% permanent partial disability of the body as a whole from her primary back injury and recognizing her preexisting cardiac condition as contributing to her overall disability. The decision rejected the ALJ's dismissal of Dr. Cohen's medical opinion regarding the employee's cardiac disability and found the Second Injury Fund liable for benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Vernon Jordon's work-related back injury sustained in a fall from his truck on April 2, 2002. The Commission found the award was supported by competent and substantial evidence and made in accordance with Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission modified the ALJ's award regarding Second Injury Fund liability in a case involving a worker with a primary lumbar spine injury from a July 25, 2005 workplace accident. The Commission affirmed that the employee sustained a compensable work injury and is permanently and totally disabled, but modified the extent of Second Injury Fund liability based on whether the disability resulted from the primary injury alone or in combination with preexisting conditions.

The Commission modified the ALJ's award, affirming that the employee is permanently and totally disabled but reducing the apportionment of permanent partial disability attributable to the primary injury. The Commission found the ALJ's assessment of psychiatric disability (30%) excessive and credited Dr. Stillings' more conservative opinion of 3% psychiatric disability over Dr. Sky's assessment, while also addressing the lumbar spine disability component.

The Commission modified the Administrative Law Judge's award regarding a low back injury, finding that the employee's preexisting low back condition from 1999 lumbar fusion surgery should have been factored into the permanent partial disability analysis. The Commission awarded permanent partial disability benefits for the work-related low back injury and addressed Second Injury Fund liability related to the combination of preexisting and primary injuries.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Larry Underwood for a low back injury sustained on November 28, 2005, when he fell from a ladder while installing a radiator in a cement truck. The Commission determined the injury was compensable under Missouri workers' compensation law and awarded permanent total disability benefits of $554.81 per week.

The Commission affirmed the administrative law judge's award finding that the employee's August 18, 2005 work accident substantially contributed to his back complaints and resulted in 45% permanent partial disability of the left shoulder. The employee was found to be permanently and totally disabled as a result of his primary injuries combining with preexisting disabilities.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Ben W. Jones for a back injury sustained on March 20, 2004, while emptying a trash container into a dumpster. The Second Injury Fund was ordered to cover all fair, reasonable, and necessary medical expenses and compensation due, as the employer was uninsured at the time of injury.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Jessica Lee for a back injury sustained while lifting a 75-pound potted plant on June 11, 2008. One dissenting member argued the decision should be reversed based on expert medical testimony supporting causation and the claimant's credibility being irrelevant to the medical causation determination.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Garry Session for a lower back injury sustained on July 21, 2006, while lifting and carrying a heavy cable at Boeing. The claimant was awarded 40 weeks of permanent partial disability compensation totaling $15,062.00 based on 10% permanent disability of the low back.

The Commission affirmed the administrative law judge's award of permanent total disability benefits to Texas Martin for a work-related lumbar spine injury, finding he is permanently and totally disabled due to the combination of the last injury and preexisting conditions. The Commission supplemented the award by finding a 9.5% permanent partial disability of the body as a whole referable to the lumbar spine from the primary injury alone, with the Second Injury Fund ordered to pay weekly benefits of $317.74 for life.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in this case involving a lumbar spine injury sustained by Robert Jezich on November 19, 2003, when he fell over a pallet of cans. Although the injury was found to be compensable and work-related, no compensation was awarded because the employer had previously settled its liability.

The Commission affirmed the administrative law judge's award finding employee Darlene Jamison permanently and totally disabled, clarifying that her disability resulted from the combination of her primary low back injury and preexisting left knee condition rather than the low back injury alone. The Commission found Dr. Volarich's medical opinion more credible than the vocational expert's opinion, emphasizing that the combined physical restrictions rendered the employee unemployable.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Thomas Middleton for a work-related back injury involving degenerative disc disease. The majority found no entitlement to permanent total disability benefits from the Second Injury Fund, though a dissenting opinion argued the decision was erroneous and should have been reversed.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for a lumbar spine injury sustained on October 3, 2001, finding the employee proved medical causation and is permanently and totally disabled due to the combination of his primary injury and preexisting conditions. The Second Injury Fund was held liable for permanent total disability benefits, with the employee awarded 35% permanent partial disability of the body as a whole referable to his lumbar spine.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for Douglas Miniex, who sustained a work-related lumbar strain with disc protrusions when a truck cab he was riding in slammed back onto the pavement after crossing a collapsed section of street. The employee was found to have permanent partial disability and was permanently restricted from pushing, pulling, squatting, and lifting over 20 pounds, ultimately leading to his discharge by the employer.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to George Moore for a work-related lumbar spine injury that occurred on August 12, 2000. A dissenting opinion argued the employee should have been awarded permanent total disability benefits against the Second Injury Fund based on medical evidence that the primary injury combined with preexisting disabilities rendered him permanently and totally disabled.

The Commission affirmed the Administrative Law Judge's award denying compensation for a December 17, 2004 dog bite injury to the claimant's back and right lower extremity. No benefits were awarded in this injury number, though the claimant was awarded permanent total disability benefits in a separate prior injury number.

The Commission affirmed the Administrative Law Judge's award denying compensation for a November 2, 2004 workplace injury to Gary R. Pace's right lower extremity and low back. The injury was found to be compensable under Missouri law and properly noticed, but no benefits were awarded in this particular injury number.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Dorothy Thompson for a lumbar spine injury sustained when she slipped on a mat at work on August 30, 2002. The employee was awarded permanent total disability benefits from the Second Injury Fund beginning May 23, 2008, with her initial claim against the employer-insurer settled by compromise agreement.

The Commission affirmed the Administrative Law Judge's award finding that Dennis Carver sustained a compensable work-related injury on October 1, 2007, while carrying felt up a ladder, and is entitled to temporary total disability benefits and past medical expenses. The employee's compensation was subject to a maximum 50% reduction due to willful violation of safety rules, but the employer and insurers remain obligated to provide future medical treatment.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Michelle Watson-Spargo for a back injury sustained while unloading boxes at her workplace on January 16, 2009. The employee, who worked as a cook, suffered severe back pain that prevented her from ever returning to work and was complicated by multiple preexisting conditions including carpal tunnel syndrome and depression.