Filtered Decisions

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation for Frank Benoist, who injured his mid back while unloading heavy pipe from a trailer on June 30, 2004. The claimant was awarded 40 weeks of permanent partial disability compensation totaling $13,882.00 for 10% permanent partial disability of the body referable to the lumbar spine.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Debbie Ferguson for an alleged low back injury sustained while lifting boxes on April 1, 2005. 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 benefits for Lisa Nickels' low back injury sustained on August 13, 2003, while moving items at work. The Commission awarded 25% permanent partial disability of the body as a whole, unpaid medical expenses, and 100 weeks of permanent partial disability compensation totaling $36,314.36.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Kim M. Hulsey for a lower back injury sustained on December 1, 2000, at Hawthorne Restaurants in Franklin County, Missouri. The Commission found that the employee proved by reasonable probability that she suffered a work-related back injury with direct medical causation, supported by MRI findings of disc protrusions and consistent symptom reports.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Beverly Fredericks for a work-related injury. Fredericks sustained a low back injury on October 6, 2004, when a package fell from overhead striking her head and left shoulder at her workplace, resulting in a 2% permanent disability to the body as a whole referable to the low back.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for Lawrence Sawyer's back injury sustained on December 10, 1999 in Smithville, Clay County, Missouri. The Commission found the award supported by competent and substantial evidence and made in accordance with the Missouri Workers' Compensation Act, though one commissioner dissented in part, arguing for a higher permanent partial disability percentage of 25% rather than 16.5%.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Daniel Williams, who sustained a low back injury from both acute trauma (truck hitting a pothole) and repetitive strain from driving a cement truck. The employee was awarded 20% permanent partial disability of the body as a whole referable to the low back.

The Commission affirmed the Missouri Court of Appeals mandate that the employee's permanent total disability resulted from a combination of the 1994 primary back injury and preexisting disabilities of the ankle, neck, and back, rather than being caused exclusively by the 1994 injury. The Second Injury Fund was found liable for permanent total disability benefits following the employer's obligation for permanent partial disability benefits.

The Commission affirmed the Administrative Law Judge's award granting workers' compensation benefits to Elbert McDaniel for a low back injury sustained from a trip and fall on angle iron on July 8, 2003. The employee was awarded 40 weeks of permanent partial disability compensation totaling $13,882.00, representing 10% permanent partial 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 to Susan Van Winkle for a back injury allegedly sustained on April 4, 2003, finding that her symptoms were attributable to pre-existing Tarlov cysts rather than a work-related injury. One commissioner dissented, arguing that the ALJ's findings were unsupported by medical expert testimony indicating the twisting motion caused a chronic lumbrosacral strain unrelated to the cysts.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Pamela Hood's low back injury sustained on May 23, 2003, at Hallmark Cards Incorporated when she stumbled over wires while lifting a box. The parties stipulated to leave future medical treatment open, and the award resolved all other issues including permanent partial disability rated at 14.33 percent to the body as a whole.

The Missouri Court of Appeals reversed the Commission's prior award and remanded the case, requiring reconsideration of medical causation for a discogram procedure and related disability benefits. The Commission affirmed that the discogram and its resulting complications were medically causally connected to the September 16, 1997 work-related back injury.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Jackie Stallings for a low back injury sustained on May 1, 2001, while lifting heavy objects at Corbitt Manufacturing Company. The employee was awarded 5% permanent partial disability of the body referable to the low back, along with temporary disability compensation and necessary medical aid.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Roger Poor for a low back injury sustained on August 13, 2003 while lifting heavy wall sections. The claimant was awarded permanent total disability benefits, with the Second Injury Fund liable for ongoing weekly compensation payments for his lifetime.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Darren Ottobre for a claimed back injury on September 30, 2005. The Commission found that the employee failed to prove that a compensable accident occurred and that the accident was the prevailing factor in causing his back condition, citing inconsistencies in the employee's testimony and evidence of pre-existing back problems.

The Commission affirmed the administrative law judge's award finding the employee permanently and totally disabled due to her back condition. The Commission modified the original award to correct an error regarding Second Injury Fund liability, which was improperly attempted to be corrected after the application for review was filed.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's October 24, 2006 award denying workers' compensation benefits to Scott Mertz for a low back and right leg strain injury sustained on December 22, 2003. Although the injury was found to be compensable and arose out of employment, no permanent disability was determined and therefore no compensation was awarded.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award in a workers' compensation case involving a lumbar spine injury and chronic depression sustained on September 28, 1998. The Commission affirmed the finding of work-related injury but modified conclusions regarding permanent total disability, past medical expenses, and future medical care.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that Mark Alcorn's back injury sustained while driving a dump truck at a road construction site on June 3, 2005, was compensable under Missouri workers' compensation law. The Commission determined all elements of compensability were satisfied and the claim was properly filed, awarding temporary total disability benefits and necessary medical expenses.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Daniel Mell, a roofer who sustained a low back injury while shoveling gravel on July 27, 2001. The claimant was awarded permanent partial disability benefits totaling $32,942.00, with 20 weeks of compensation payable from the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Tracy W. Mayes, an employee of Suntrup Ford, Inc., who sustained a work-related back injury on March 28, 1997. The Commission found competent and substantial evidence supporting the causal relationship between the employee's workplace accident and herniated discs at L4-5 and L5-S1, which required surgical intervention.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Bryan Portell for an alleged injury to his neck and upper back sustained while operating a hoist on May 29, 2002. The claim was denied because the injury did not arise out of and in the course of employment, as the injury resulted from sneezing rather than a work-related accident.

The Missouri LIRC modified the administrative law judge's award by adding temporary total disability benefits for June 1-23, 2004, finding the employee was medically restricted from work during this period pending neurosurgical evaluation. The employee sustained a lumbar strain from a work accident on March 25, 2004, and reached maximum medical improvement after the neurosurgical consultation on June 23, 2004.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to Terry Penberthy for a back injury claimed to have occurred on September 4, 2003 at United Parcel Service. A dissenting opinion argued the employee met the burden of proof for an accident involving a dolly-moving incident that caused radiating back and leg pain.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Pattie Wilson for a work-related aggravation of a pre-existing herniated disc at L5/S1 level sustained when struck by a resident on August 16, 2002. The employee was awarded 10% permanent partial disability of the body as a whole, with temporary total disability compensation of $9,098.32 and medical aid of $7,539.12 already paid.