OTT LAW

Filtered Decisions

500 decisions matching filters

Scott v. Nationwide Distribution & Warehousing, Inc.(2009)

October 27, 2009#05-109377

affirmed

The Commission affirmed the administrative law judge's award of permanent total disability benefits for Oscar Scott, who sustained a low back injury while operating a forklift on an uneven surface on May 6, 2005. Scott is entitled to permanent total disability benefits of $453.51 per week for his lifetime beginning October 13, 2006, along with necessary medical treatment.

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Snider v. Cooperative Workshop, Inc.(2009)

September 29, 2009

affirmed

The LIRC affirmed the Administrative Law Judge's award finding that employee Mickey Snider suffered a work-related back injury in March 1999 resulting in permanent total disability, with employer liable for benefits and future medical treatment. The Commission corrected the ALJ's analysis regarding Second Injury Fund liability, finding no such liability exists because the employee's permanent total disability resulted solely from the work-related injury.

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Massey v. Curators of the University of Missouri(2009)

September 23, 2009

affirmed

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Juanita Massey for injuries sustained when she slipped and fell on a wet floor on May 21, 2003. Despite finding that an accident occurred during employment, the judge determined the injury was not compensable under Missouri workers' compensation law.

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Payne v. Thompson Sales Company(2009)

September 17, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Dennis Payne for a disc herniation claimed to have resulted from a shoveling injury on November 17, 2006. The Commission found that while an injury occurred, the employee failed to establish that the work incident was the cause of the subsequently identified ruptured disc requiring surgery in January 2007.

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Eiken v. Harley Davidson Motor Co.(2009)

September 1, 2009

affirmed

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Scott L. Eiken's back injury sustained on April 27, 2004, while lifting a wheel assembly at the Harley Davidson Motor Co. facility in Kansas City, Missouri. The employee was awarded 3% permanent partial disability compensation along with temporary disability benefits already paid, with medical expenses fully covered by the insurer.

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Heston v. Rock Hill Mechanical Corporation(2009)

July 23, 2009

affirmed

The Commission affirmed the administrative law judge's award of permanent total disability benefits for David Heston, who suffered a compensable back injury on August 15, 2002, when pinned between a truck and dolly while employed by Rock Hill Mechanical Corporation. The employee is entitled to lifetime permanent total disability benefits of $649.32 weekly beginning March 1, 2008, with credit for overpaid temporary disability compensation.

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McMunn v. Complete Roofing, Inc.(2009)

July 21, 2009

affirmed

The Commission affirmed the administrative law judge's award of permanent total disability benefits for Billy Joe McMunn, who injured his low back while moving a ladder on April 11, 2003. The case involved a settled claim with Missouri Employer's Mutual and the Second Injury Fund bearing liability for permanent total disability compensation.

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Andrews v. City of Glendale(2009)

June 24, 2009#04-025439

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation benefits to James Andrews for a work-related injury sustained on March 11, 2004, when he fell into a fish pond while fighting a fire. The employee was awarded 12-1/2% permanent partial disability compensation totaling $29,221.61, with the employer and Second Injury Fund sharing liability.

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Frost v. Bridgestone Firestone, Inc.(2009)

June 24, 2009

affirmed

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for David Frost's low back injury sustained on February 4, 2006, when his vehicle was struck while test driving in the course of employment. The primary injury was settled for 12.5% body as a whole for low back and 2.5% for psychiatric injury, with the Second Injury Fund liable for 61.34 weeks of permanent partial disability totaling $22,394.00.

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Coleman v. Drake Corporation(2009)

June 24, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Danny Coleman's work-related injury to his cervical and lumbar spine sustained on June 6, 2003, when he slipped while carrying a heavy saw blade at Drake Corporation. The Commission found the injury compensable under Missouri Workers' Compensation Act with temporary total disability payments and necessary medical aid provided by the insurer.

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Sandlin v. Daimler Chrysler(2009)

June 16, 2009

reversed

The Labor and Industrial Relations Commission reversed the Administrative Law Judge's denial of workers' compensation benefits, finding that the employee credibly proved she sustained a compensable low back injury on May 28, 2004, while moving boxes at her workstation. The Commission concluded the employee is entitled to compensation for the accident-related injury arising out of and in the course of her employment.

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Wilson v. Allied/Midwest Waste Bridgeton(2009)

June 2, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's temporary partial award finding the employee's low back injury compensable under Missouri workers' compensation law. The injury occurred on August 6, 2007 when the claimant was moving a heavy steel trash container, and the Commission awarded unpaid medical expenses and past temporary total disability benefits totaling $51,674.21 with future benefits to be determined.

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Petelik v. Motor Control Specialists(2009)

June 2, 2009

affirmed

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Stephen Petelik for injuries sustained on August 19, 2003, when he fell while lifting a control panel that landed on his left arm and back. The employee was awarded permanent total disability benefits, unpaid medical expenses of $272,341.64, and temporary disability compensation totaling $185,503.60.

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Karras v. Supervalu, Inc.(2009)

May 20, 2009

affirmed

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in this case, despite finding the injury to the lumbar spine compensable under Chapter 287. The employer and insurer had previously settled their liability, resulting in no compensation being awarded to the claimant.

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Kiemel v. American Airlines(2009)

May 19, 2009

affirmed

The Commission affirmed the administrative law judge's award denying compensation benefits in this workers' compensation case, despite finding the injury to the cervical and lumbar spine compensable and arising out of employment. The employer and insurer had previously settled their liability in the case, resulting in no additional compensation being awarded.

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Brooke v. Ramey's Supermarket(2009)

May 1, 2009

affirmed

The Commission affirmed the Administrative Law Judge's award allowing compensation for Amanda Brooke's occupational disease caused by repetitive lifting as a meat assistant. The claimant was awarded 35% permanent partial disability to the body as a whole for neck/back injury totaling $26,210.80 in compensation.

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Miller v. Gen X Mex Foods, Inc. d/b/a Taco Bell(2009)

April 29, 2009

affirmed

The Missouri LIRC affirmed the administrative law judge's award of workers' compensation benefits to Suzanne M. Miller for a lower back injury sustained on April 1, 2002, when she slipped on water and fell at a Taco Bell facility in Warrenton, Missouri. The employee was awarded $8,107.32 in total compensation consisting of temporary total disability and permanent partial disability benefits at 12.5% of the body as a whole.

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Alcorn v. Monroe City R-1 School District(2009)

April 8, 2009

reversed

The Commission reversed the administrative law judge's award of workers' compensation to Christina Alcorn, a paraprofessional educator who claimed a back injury sustained while lifting a seizing student from bleachers on November 11, 2003. The reversal was based on the employee's failure to provide written notice of the injury within thirty days as required by Missouri statute, with the Commission finding insufficient evidence that the employer was not prejudiced by the delayed notice.

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Johnson v. Duke Manufacturing Co.(2009)

March 13, 2009

affirmed

The Commission affirmed the Administrative Law Judge's award denying all workers' compensation benefits in this case. Although the injury occurring on December 28, 2000, when the claimant caught his foot on a skid and rolled, was deemed compensable under Missouri law, no permanent disability was found and no compensation was awarded.

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Wyatt v. Blair Packaging(2009)

March 12, 2009#04-012678

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for a back injury sustained on February 2, 2004. One member dissented, arguing the employee should have been awarded permanent total disability benefits based on medical causation of subsequent surgeries and stenosis diagnosed in 2005.

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Huller v. VIP Property Management Company(2009)

March 11, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent partial disability benefits for Michael Huller's compensable May 6, 2004 work-related spine injury requiring surgical fusion and fixation. A dissenting opinion argued that future medical benefits should also be awarded based on the reasonable probability of continued treatment needs following the spinal surgery.

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Landers v. New Prime, Inc.(2009)

March 10, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of permanent partial disability benefits for Carol Landers' compensable September 15, 2002 work-related injury. A dissenting opinion argued for permanent total disability benefits based on vocational expert testimony that the employee was unemployable in the open labor market due to pain and inability to perform any level of work.

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Bartley v. Hawthorne Inn(2009)

February 10, 2009

affirmed

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for an employee's alleged lower back injury from slipping on a wet surface at work. The claim against the Second Injury Fund was denied, and no compensation was awarded.

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Cooper v. Ozarks Medical Center(2009)

January 29, 2009

affirmed

The Commission affirmed the administrative law judge's award finding that employee JoAnn Cooper's fall while exiting an elevator on October 30, 2007 was a compensable work injury. The award provides for $7,993.62 in unpaid medical expenses and $600.00 in temporary disability compensation, with the case remaining open for final award.

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Kotraba v. American Power Conversion Corp.(2009)

January 27, 2009

affirmed

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Douglas Kotraba's low back injury sustained on February 2, 2004, while moving a compressor. The claimant was awarded permanent total disability benefits, with the Second Injury Fund liable for lifetime weekly compensation of $603.33 after an initial 120-week differential period.

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