OTT LAW

Filtered Decisions

502 decisions matching filters

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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Boller v. Citizens Memorial Healthcare Foundation(2009)

January 23, 2009

affirmed

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to Teresa Boller for a back injury sustained while lifting a patient on September 3, 2003. The claimant is entitled to weekly compensation of $226.06 beginning March 8, 2006, for her lifetime.

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Rector v. Gary's Heating & Cooling(2009)

January 23, 2009

affirmed

The Division of Workers' Compensation affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Jason Rector for a back injury sustained on September 24, 2004, while employed at Gary's Heating & Cooling. The claimant was awarded permanent partial disability compensation of 65% of body (260 weeks × $354.05 = $92,053.00) plus future medical benefits.

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Burnfin v. J & J Drive Away, Inc.(2009)

January 16, 2009

affirmed

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to William Burnfin for a back injury sustained while removing a truck tire on March 2, 2005. The employee was awarded 56 weeks of permanent partial disability compensation at $354.05 per week, plus unpaid medical expenses totaling $20,858.95, with 14% permanent disability to the body as a whole.

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Fischer v. Schultz Electric, Inc.(2009)

January 14, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Thomas James Fischer for a back injury sustained on June 1, 2004, while moving heavy machinery at Schultz Electric, Inc. The claimant was found to be permanently and totally disabled, with compensation awarded for temporary disability, permanent disability, and necessary medical expenses.

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Scott v. FedEx Freight East, Inc.(2009)

January 5, 2009#03-042483

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Joseph H. Scott for an alleged lumbar spine injury sustained on May 8, 2003, while attempting to lift a dolly tongue to attach a trailer. The Commission found that the injury did not arise out of and in the course of employment, and therefore no compensable injury occurred under Missouri law.

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Roberts v. City of St. Louis(2008)

December 19, 2008

modified

The Missouri Commission modified the administrative law judge's award regarding Stanley Roberts' workers' compensation claim for injuries sustained on October 15, 2002. The Commission found Roberts sustained permanent partial disabilities including 40% to the lumbar spine, 15% to the cervical spine, and various percentages at the knees and elbow, with significant physical restrictions on work activities.

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Haynes v. American Construction and Energy(2008)

December 3, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award in this workers' compensation case for a lower back injury sustained on September 4, 1996, when the employee was moving a bundle of slab doors. The injury was found to be compensable under Missouri law, with medical expenses already provided and no permanent disability determined.

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Brown v. Ameristar Casino(2008)

November 26, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Arthur Brown for an alleged back injury sustained while pushing a cart onto an elevator. The Commission found the injury did not arise out of and in the course of employment under Missouri workers' compensation law.

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Sheets v. Power Maintenance & Constructors(2008)

November 25, 2008

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Jerry Sheets for a low back injury sustained on May 2, 2005, when he fell while walking across ductwork while carrying equipment. The claimant was awarded permanent partial disability benefits of 37-1/2% for the body as a whole, with additional permanent total disability benefits payable by the Second Injury Fund.

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Doyle v. United Parcel Service(2008)

November 20, 2008

affirmed

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Michael Doyle's low back injury and hernia sustained while lifting a package at work on January 9, 2004. The claimant was awarded 52 weeks of permanent partial disability compensation plus permanent total disability benefits against the Second Injury Fund due to the combination of the primary injury and preexisting conditions.

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Vincent v. Barton Lumber(2008)

October 22, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Ray Vincent for a compensable injury sustained on November 14, 2000, while lifting roofing materials. The Commission made a minor modification to clarify that the settlement hearing was held on September 9, 2004, rather than November 9, 2004.

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McDonald v. Ever Ready Electric & Service(2008)

October 17, 2008

affirmed

The Commission affirmed the administrative law judge's denial of the employee's workers' compensation claim, finding that he failed to meet his burden of proof on the issues of accident and medical causation. The Commission modified the award to correct a factual error regarding witness availability but upheld the ultimate conclusion that the claim was not compensable.

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Leavitt v. Borders Group, Inc.(2008)

October 1, 2008

reversed

The Commission reversed the administrative law judge's decision denying further medical treatment and past medical expenses, finding that the employee was entitled to ongoing treatment related to her July 16, 2005 work injury. The Commission determined that the employee's need for further medical care was medically causally related to the work injury and awarded past medical expenses of $527.15.

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Mutapcic v. St. Louis Cold Drawn(2008)

October 1, 2008

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Azim Mutapcic for a low back injury sustained on August 1, 2005, while using a pry bar to move metal at work. The claimant was awarded compensation for 25% permanent disability to the body part with no liability assessed against the Second Injury Fund.

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Zeigler v. J. E. Dunn Construction Company(2008)

September 11, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision awarding no compensation in this workers' compensation case involving a 2004 back injury claim against the Second Injury Fund. The case centered on whether the employee's preexisting 1996 back injury constituted a serious enough permanent partial disability to constitute a hindrance to employment, which the ALJ found it did not.

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Hazen v. City of Kirksville(2008)

September 9, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to William Hazen for a low back injury sustained on October 15, 2003, while assisting in moving a 12-foot log. The employee was awarded 10% permanent partial disability of the body as a whole, with temporary disability compensation of $5,637.14 and medical aid valued at $24,562.00 already paid by the self-insured employer.

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Harmon v. Best Buy(2008)

September 2, 2008

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation benefits to David Harmon for a low back injury sustained on May 11, 2004, while moving a television at Best Buy. The employee was awarded 30 weeks of permanent partial disability compensation at $230.35 per week, plus medical expenses totaling $17,222.00.

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Long v. Herzog Contracting Corporation(2008)

August 19, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Bryan R. Long for a back injury sustained on August 14, 2004, when he slipped and fell while carrying a 125-pound battery. The claimant was found to be permanently totally disabled and entitled to compensation benefits, with medical expenses of $129,367.41 already paid by the insurer.

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Reeks v. Blue Bayou Motor Inn(2008)

July 31, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Darline Reeks for a low back injury sustained on February 16, 2005, while moving a dresser during housekeeping duties. The employee was awarded 20 weeks of permanent partial disability compensation at $140.01 per week, totaling $2,800.20, with 5% permanent disability rating.

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Allcorn v. Tap Enterprises, Inc.(2008)

July 25, 2008#06-110840

affirmed

The Commission affirmed the Administrative Law Judge's award denying compensation to Allen Alcorn for an alleged occupational back injury from repetitive heavy lifting. The case hinged on whether newly amended workers' compensation notice requirements should be applied retroactively to bar the employee's claim.

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Allen v. Luther Manor Retirement & Nursing Center; Quality Inn/Hannibal Area Hotel Group(2008)

July 24, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Cheri Allen's neck/shoulder injury sustained on May 14, 2004, while employed at Luther Manor Retirement & Nursing Center and Quality Inn/Hannibal Area Hotel Group. The injury resulted from repetitive motion activities including pushing, pulling, bending, lifting, and cleaning, with permanent disability assessed at 17.5% body as a whole.

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Jackson v. Krispy Kreme(2008)

July 11, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Jerri Jackson for a back injury sustained on October 16, 1999, while carrying a 50-pound bag of yeast at a Krispy Kreme facility in St. Louis County. The decision awarded compensation for temporary disability, permanent partial disability (47.5% for low back and 7.5% psychiatric), and approved necessary medical aid totaling $128,278.33.

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Johnson v. Indiana Western Express, Inc. (IWX)(2008)

July 9, 2008

affirmed

The Missouri LIRC affirmed the Administrative Law Judge's award denying compensation to employee Jack Johnson for an alleged back injury from February 9, 2006. Commissioner Hickey filed a dissenting opinion arguing the employee met the burden of proof that the accident was the prevailing factor in causing his back condition and disability.

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