Filtered workers' comp decisions

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.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for an employee injured on July 17, 2003, while performing work involving concrete cutting and hammering. One member filed a separate opinion concurring in part and dissenting in part, disagreeing with the allowance of permanent partial disability benefits for bilateral shoulder impingement syndrome, arguing the injury was not work-related.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Earl Cozart for an alleged fall while taking inventory at work on August 11, 2003. The Commission found that the injury did not arise out of and in the course of employment, thus making it non-compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Dwight Watson for a low back injury sustained on October 16, 2000, while lifting chafing pans at his employer's hotel. The Commission approved permanent total disability benefits beginning July 13, 2005, and continuing for the claimant's lifetime, along with medical aid and temporary disability compensation already paid.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Brenda James for an alleged back injury on June 12, 2006. The Commission found that the employee failed to establish that an accident or occupational disease occurred that arose out of and in the course of employment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to James Garth for a lower back injury sustained on September 15, 2002, while loading product at his workplace. The employee was awarded 15% permanent partial disability of the body as a whole, and the Commission rejected the employer's motion to dismiss.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Keith Woodfin for an alleged low back injury sustained on February 18, 2002, while lifting a concrete barrier. The Commission found that the injury did not arise out of and in the course of employment and therefore was not compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Wanda Farmer's January 29, 1983 workplace injury. One commission member filed a dissenting opinion arguing that future medical care should be denied, as subsequent treatment was attributable to separate injuries rather than the 1983 injury.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation to Jose Antunez for a work-related back injury sustained on February 8, 2003 at Propipe Corporation. The Commission approved the award of 35% permanent partial disability of the body as a whole referable to the low back, though one commissioner dissented, arguing for permanent total disability benefits instead.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Kenneth Allison's work-related injury on January 29, 2004, in St. Louis County, Missouri. The claimant sustained injuries to both knees and low back from a fall and was awarded permanent total disability benefits with the Second Injury Fund providing ongoing compensation.

The Commission affirmed the Administrative Law Judge's award allowing compensation for permanent partial disability to claimant Allen H. Bleckman, who sustained a work injury on December 14, 1999. The decision was based on stipulations between the parties that permanent partial disability was the only issue to be resolved.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Jesus Gonzalez for a back injury sustained on May 29, 2001, when doors fell on him while working. The claimant was awarded 140 weeks of permanent partial disability compensation totaling $38,996.40, with 35% permanent disability at the level of the body.

The Commission modified the administrative law judge's decision to award the employee future medical care and treatment for his back injury sustained on January 2, 2004. The Commission found that competent medical testimony from Dr. Crabtree established a reasonable probability of need for future medical treatment, including possible spinal fusion surgery, contrary to the judge's determination that the evidence was too speculative.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Doris Lacy for injuries claimed to arise from a May 17, 2001 slip and fall accident, finding insufficient evidence that her cervical and lumbar conditions resulted from the work-related injury. A dissenting opinion argued that medical records and injury reports corroborated the employee's consistent reporting of neck and back pain following the accident and that she should be found credible.

The LIRC affirmed the administrative law judge's award denying compensation in a workers' compensation case where employee Kenneth Stewart claimed a back injury while attempting to free his tractor trailer on July 5, 2003. The claimant failed to sustain his burden of proof that the injury arose out of and in the course of employment, resulting in no benefits awarded.

The Commission modified the administrative law judge's award by reversing the award of future surgical medical treatment, finding that the employee failed to establish by competent and substantial evidence that future surgery was reasonably probable. The Commission affirmed the remainder of the award and found the testimony of Drs. Coyle and Suthar more credible than Dr. Volarich regarding the need for future medical care.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Barry Webb for a low back injury sustained on July 27, 1999, while operating a machine. The employee was found to have permanent total disability due to the combination of the primary injury (35% PPD of the body as a whole) and preexisting conditions.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Linda Cardwell for a work-related fall injury on May 31, 2001, that resulted in low back injury requiring surgery and psychiatric complications. The claimant was found to have sustained a compensable occupational injury with permanent disability of 15% of body as a whole for low back injury and 12.5% for psychiatric injury.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Robin Willis for a low back injury sustained on March 18, 2004, when she was struck from the rear while operating an employer truck. The claimant was awarded 30 weeks of permanent partial disability compensation totaling $10,411.50 for 7.5% permanent disability of the body as a whole referable to the low back.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to employee Marjorie Grisham for an alleged back injury sustained on April 25, 2003, finding insufficient evidence of accident and medical causation. A dissenting opinion argued the employee met the burden of proof regarding a back injury sustained while carrying a fifty-pound bag of fertilizer.

The Missouri LIRC modified the administrative law judge's award, finding that the employee is permanently and totally disabled due to the combination of her work-related back injury and pre-existing disabilities (including fibromyalgia), rather than the work injury alone, thus triggering Second Injury Fund liability. The Commission affirmed all other findings regarding medical causation and entitlement to future medical care for the knees and back.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that the employee's low back injury from repetitive bending and lifting at the manufacturing facility was compensable under Missouri workers' compensation law. The decision awards temporary or partial benefits including necessary medical care, with the proceedings remaining open for a final award.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Phillip Wheelington for a low back injury sustained on January 24, 2001, while moving a refrigerator up stairs at McBaine Contracting Co. The claimant was found to have permanent total disability with compensation awarded for temporary disability payments already made and necessary medical aid provided.