Filtered Decisions

The Commission modified the administrative law judge's award regarding past medical expenses in a workers' compensation case, reducing the award from $35,789.24 to $32,697.58. The modification excluded medical expenses lacking supporting documentation in the record while affirming expenses related to Dr. MacMillan's treatment, including an L5-S1 lumbar interbody fusion performed on June 3, 2005.

The Commission affirmed the administrative law judge's decision that the employee's alleged back injury from pulling bags of trash did not arise out of and in the course of employment and therefore was not compensable. No workers' compensation benefits were awarded in this case.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Michael Harris for injuries sustained when his chair broke while seated at his employer's headquarters on October 18, 2004. Despite finding that an accident occurred during employment, the Commission determined the injury was not compensable under Missouri Workers' Compensation law.

The Commission modified the administrative law judge's award of past medical expenses, reducing the amount from $35,789.24 to $32,697.58 by excluding medical bills not supported by evidence in the record. The Commission affirmed that the employee's treatment, including an L5-S1 lumbar interbody fusion, was causally related to the work injury and that the employer/insurer failed to prove the medical expenses were unreasonable.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to employee Jamey Blackerby for a back injury sustained on August 4, 2005, when a coworker dropped a beam during a lifting operation. The claimant was determined to have permanent and total disability with compensation for unpaid medical expenses and temporary total disability benefits.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Robert Hampson for a work-related back injury to the lumbar spine sustained on June 19, 2002, when he was struck by a pickup truck while assisting a coworker. The employee was awarded $79,060.80 representing 60% permanent partial disability of the body as a whole referable to the lumbar spine.

The Commission affirmed the Administrative Law Judge's award finding the employee permanently and totally disabled from a work-related back condition sustained on November 3, 2000. The Commission denied the employee's request for reimbursement of past medical expenses from unauthorized treatment, finding the treatment was not medically necessary to cure and relieve the effects of the work injury.

The Commission affirmed the Administrative Law Judge's award denying compensation in this workers' compensation case involving a low back injury from a slip and fall accident on July 12, 2004. Although the injury was found to be compensable and arose out of employment, no permanent disability was determined, resulting in no compensation being awarded despite temporary disability payments already made.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for John R. Wheeler's back injury sustained while lifting a boat hull on August 7, 2001. The claimant was awarded 30 percent permanent partial disability to the body as a whole and temporary total disability compensation of 45 3/7 weeks.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Jerri Courtney for a low back injury sustained on September 20, 2005, while performing a four-man patient lift at Skaggs Community Hospital. The employee was awarded $29,910.35 in total compensation including unpaid medical expenses, temporary disability benefits, and permanent partial disability benefits for 15 percent body as a whole disability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Diane Nyberg for a back and coccyx injury sustained on April 1, 2001, when she slipped on a foreign substance on an assembly line floor at Ford Motor Company's Claycomo facility. The Commission found the employee permanently and totally disabled and awarded ongoing permanent total disability benefits beginning February 15, 2003.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Glennda Taylor (deceased), whose surviving spouse Marvin Taylor is the claimant, for a low back injury sustained while driving a school bus on December 19, 2003. The employee was found to have permanent total disability beginning January 29, 2004, with compensation payable at $210.85 per week plus unpaid medical expenses of $49,400.37.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to James Nelson for a back and left hip injury sustained on June 11, 2003, while hauling a military load of ordinance. The Commission awarded permanent total disability benefits of $300.81 per week for the claimant's lifetime, along with future medical benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation to Virginia Stephens for a work-related injury sustained on November 24, 1999. One dissenting member argued the decision should be modified to increase the permanent partial disability award from 15% to 40% and to include past medical expenses for a corpectomy procedure.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for William Bea's lower back injury sustained on November 26, 2001, while reaching to pick up materials at work. The Commission approved permanent total disability benefits of $409.33 per week along with medical compensation and temporary disability payments totaling $77,652.33.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Susan Gierer for a low back injury sustained on October 22, 2003. One dissenting member disagreed with the permanent partial disability percentage, arguing it should be increased from 12.5% to 20% based on the employee's testimony regarding pain and functional limitations.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Lois Billingslea for a low back injury sustained on September 26, 2003, while lifting a pallet onto a shopping cart at a Wal-Mart store in Branson West, Missouri. The employee was awarded compensation of $4,546.20 for 5 percent permanent partial disability to the body as a whole (20 weeks), with $5,714.67 in medical expenses already paid by the insurer.

The Labor and Industrial Relations Commission modified the administrative law judge's award, which had granted permanent total disability benefits and future medical care for an employee injured in a June 19, 1998 workplace accident affecting his lower extremities and sacral area. The employer/insurer challenged the award, arguing that only permanent partial disability was supported by competent and substantial evidence.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for James Hillis's alleged low back injuries from October 2002 and January 2003. The Commission found that the injuries did not arise out of and in the course of employment, and the employee's claims against the employer were settled by compromise settlement agreement prior to hearing.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Slobodanka Zilic for injuries sustained on January 22, 2003, when she twisted, slipped and fell while moving a box at work. The claimant was awarded permanent partial disability compensation for injuries to her left elbow (25%), left knee (25%), and low back (12.5%), plus a 10% multiplicity load factor.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Gary Purdy's low back injury sustained on November 17, 1999 while shoveling mud at work. Although the injury was deemed compensable, no lost-time compensation was awarded as the employee experienced no lost time from work.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that Jason Gamet's back injury sustained while bending to pick up an empty pallet on July 8, 2006, was compensable under Missouri workers' compensation law. The award is temporary or partial, with the case remaining open for further proceedings to determine final compensation.

The LIRC affirmed the administrative law judge's decision denying workers' compensation benefits to Renee Viles for low back injuries allegedly caused by repetitive bending, lifting, and turning at work. The court found that the injury did not arise out of and in the course of employment, and no compensable injury or occupational disease was established.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for a claimant who slipped and fell from a ladder on February 22, 2000, sustaining a low back injury with 27.5% permanent whole body disability. The Second Injury Fund was found liable for $8,181.27 in benefits.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award allowing workers' compensation for Charles W. Bock's work-related back injury and occupational disease sustained on April 23, 1998. The decision addresses medical necessity, causal relationship to the work injury, medical expenses, and permanent partial disability benefits following remand from the Missouri Court of Appeals.