Filtered Decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Jerrold Walden for an alleged back injury sustained while handling plywood sheets on January 17, 2003. The commission found that the injury did not arise out of and in the course of employment, making it non-compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for Alan Chase's injury to his lumbar and cervical spine sustained while lifting laundry on March 10, 2005. Although the injury was determined to be compensable and work-related, no compensation was awarded as the case was settled.

The LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Nancy Clayton for an alleged back injury on October 26, 1999, finding she failed to meet her burden of proof regarding the work-related nature of the accident. One commissioner dissented, arguing that competent evidence supported a finding of workplace injury and that the employee's credibility should not have been questioned based on minor variations in medical histories over several years.

The Commission modified the Administrative Law Judge's award, reducing the employee's compensation from permanent total disability to 15% permanent partial disability of the right knee ($6,526.08) due to credibility determinations regarding the evidence. The Commission reversed findings of liability for additional temporary total disability benefits, unpaid medical expenses ($49,599.60), and future medical care and treatment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Mark Lancaster for injuries sustained when he fell onto his right side while lifting a box on November 6, 2002. The Commission found no permanent disability resulted from the accident despite medical treatment totaling $6,079.14.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Dora Wise for an injury occurring on May 15, 2001. The Commission found the ALJ's award was supported by competent and substantial evidence and in accordance with the Missouri Workers' Compensation Act.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for an employee who sustained a low back injury while directing concrete flow from a chute on June 24, 2003. The employee was awarded permanent total disability benefits of $407.40 weekly for life, with medical benefits continuing as determined.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award to allow future medical care as needed to cure and relieve the employee of the effects of his back injury, rather than limiting it to a specific life-care plan. The employee David Kindel was awarded permanent total disability benefits for a work-related back injury sustained on September 14, 1999, while lifting and carrying 50-70 pound boxes.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Jimmy Whitaker's thoracic spine injury sustained on July 15, 2000, while working as a laborer. The claimant was awarded permanent total disability benefits, 12% permanent partial disability relative to the thoracic spine, and temporary total disability compensation.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for an employee who sustained a low back injury while lifting a moving box on March 27, 1998. The employee was deemed permanently and totally disabled, entitled to ongoing weekly compensation of $402.67 commencing November 2, 2001, plus previously incurred medical expenses of $189,095.13.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that Joseph Harper sustained a compensable low back injury on June 6, 2003, while stepping down from a truck carrying a box of nails at RV Evans Company Distributors. The Commission upheld liability and awarded compensation for unpaid medical expenses of $3,055.00, with the case remaining open for further proceedings on temporary or partial disability benefits.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Izudin Huskic for a back injury sustained from falling off a dumpster on March 15, 2000. The employee was awarded compensation for temporary disability, permanent disability of 25% body as a whole, and necessary medical aid totaling $40,291.55.

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits for William Kempker, who sustained a compensable back injury on February 24, 2001 while employed by ABB T & D. The claimant was awarded permanent total disability benefits beginning September 21, 2002, for his lifetime.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to employee Maurnita White for injuries sustained when a chair collapsed on August 11, 2003. The employee was awarded 10% permanent partial disability of the body as a whole referable to neck and upper back injuries, along with temporary disability and medical expense coverage.

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to Richard Hazelwood for an alleged back injury while lifting objects onto a truck. The claim was denied because the injury was found not to have arisen out of and in the course of employment, and the employer did not receive proper notice of the alleged accident.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation to Rachel Roesler for a low back injury sustained while lifting a box on December 10, 2003. The employee was awarded 25% permanent partial disability of the body as a whole referable to the low back, with medical expenses of $13,598.31 paid by the insurer.

The Commission modified the ALJ's award, concluding that the employee was permanently and totally disabled when combining the primary lumbar spine injury with pre-existing disabilities, making the Second Injury Fund liable for lifetime benefits. The employee was awarded permanent total disability benefits commencing January 14, 2004, at $315.50 weekly for 60 weeks, then $662.55 weekly for life.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to James Flannery for a low back injury sustained in a motor vehicle accident on July 9, 1999. The employee was awarded 40% permanent partial disability of the body as a whole referable to low back, plus additional disability percentages for depression, with compensation and medical benefits totaling over $119,000.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Tomislav Bosnjak for a low back injury sustained on May 11, 2001, while rotating and cleaning heavy molds at his employment. The employee was awarded 17½% permanent partial disability benefits, unpaid medical expenses of $18,010.44, and temporary total disability compensation.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Dana Jones for an alleged February 13, 2002 workplace injury. The Commission found the denial supported by competent and substantial evidence, though a dissenting opinion argued the evidence of L4-5 disc herniation caused by the work accident warranted reversal and benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Lana Cooper for a back injury alleged to have occurred on April 2, 2001, while lifting a patient. Although the injury was found to be compensable and work-related, no compensation was awarded due to findings that there was no permanent disability resulting from the accident.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Thomas Novak for a low back injury sustained on June 10, 2002, while repairing a die cast press at the employer's Hannibal, Missouri facility. The award includes unpaid medical expenses of $72,471.60, 144 weeks of temporary total disability compensation, and 70 weeks of permanent partial disability compensation for 17.5% permanent partial disability of the body as a whole.

The Commission modified the Administrative Law Judge's award regarding the beginning date for permanent total disability benefits from the Second Injury Fund, changing it from November 24, 2004 to June 16, 2001. The employee was awarded 100 weeks of permanent partial disability from the employer plus permanent total disability benefits from the Second Injury Fund payable at $52.41 weekly for 100 weeks, then $366.67 weekly for life.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Timothy Green for injuries sustained when he fell backwards into a concrete vault while pulling a water line on July 13, 2004. The claimant was found to have 15% permanent disability referable to the back and is entitled to permanent total disability benefits from the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Keith Hellmann for a low back injury sustained on January 13, 2000, when he was struck by a co-worker's car while walking to his car after his shift. The claimant was awarded compensation for temporary total disability and permanent partial disability (10% body as a whole) totaling $15,893.61.