Filtered Decisions

The Missouri LIRC affirmed the Administrative Law Judge's award of workers' compensation benefits for Robert Smyth's work-related low back injury sustained on March 29, 2005. The Commission found the ALJ's decision was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law, despite a dissenting opinion arguing for permanent total disability benefits.

The Missouri Court of Appeals affirmed the Commission's November 2009 Final Award in all respects except future medical expenses, which it reversed and remanded. The Commission awarded future medical benefits for pain management and ongoing treatment related to the employee's June 2003 compensable low back injury, including medications, physical therapy, nerve block injections, and physician monitoring.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits for Christopher Baldwin's alleged lower back injury from October 31, 2004. 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 Commission modified the ALJ's decision by finding that the employee attained maximum medical improvement (MMI) on January 24, 2005, rather than December 14, 1998, based on evidence of continued treatment and surgeries after the initial MMI date. The employee was found to be permanently and totally disabled due to preexisting disabilities combining with permanent partial disabilities from a February 1996 work-related injury, with the Second Injury Fund liable for ongoing permanent total disability benefits.

The Commission reversed the Administrative Law Judge's denial of workers' compensation benefits, finding that the employee sustained a work-related injury on September 23, 2004, and was entitled to compensation considering preexisting conditions including a 1990 back injury and seizure disorder from a 1993 motor vehicle accident. The Commission determined that the ALJ erred in applying the Second Injury Fund statute and that the employee's prior injuries constituted hindrances and obstacles to employment that must be considered in determining permanent total disability.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee David M. Green for an alleged low back injury from lifting a road sign on July 23, 2009. The court found that the alleged 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 of workers' compensation benefits to John Kinnikin for a back injury sustained on November 19, 2002, while digging with a shovel and operating heavy equipment. The employee was awarded compensation for temporary total disability, permanent partial disability (30% body as a whole), and necessary medical treatment, with liability shared between the employer's insurer and the Second Injury Fund.

The Commission affirmed the Administrative Law Judge's decision denying compensation benefits, finding that while the injury was compensable and arose out of employment, no additional benefits were awarded as the claim had been previously settled. The Second Injury Fund was found to have no liability under Missouri law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Janet K. Carter for a thoracic spine injury sustained on January 20, 2002, when she slipped and fell at work. The claimant was awarded 20 weeks of permanent partial disability compensation totaling $6,588.40, representing 5% permanent disability of the body as a whole.

The Missouri LIRC reversed the Administrative Law Judge's decision and found the Second Injury Fund liable for employee Joe Edwards' permanent total disability, which resulted from a combination of his primary work-related back injury and preexisting cervical spine and right arm disabilities. The Commission determined that the ALJ erred in finding no Second Injury Fund liability by failing to properly consider the employee's documented preexisting disabling conditions.

The Commission affirmed the Administrative Law Judge's decision denying the employee's workers' compensation claim, finding that the employee failed to prove she sustained a back injury arising out of and in the course of her employment and failed to prove work was the prevailing factor causing her back condition. The claim was subsequently settled between the employee and employer/insurer on July 29, 2010.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Pamela Cotter for an alleged herniated disc of the cervical spine sustained on October 18, 2004. Although the injury arose out of and in the course of employment, it was determined to be non-compensable under Missouri workers' compensation law.

The Commission reversed the administrative law judge's award, finding that the employee failed to meet his burden of proving a compensable work injury by accident on March 24, 2008, while working as a concrete laborer at the North Park site. The decision addresses issues of injury causation, notice requirements, and entitlement to medical treatment and costs.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for an iron worker's lower back injury and psychiatric condition sustained on April 1, 2003. The claimant was awarded permanent partial disability for the back injury (26% of body as whole) and psychiatric condition (20% PPD), with permanent total disability benefits from the Second Injury Fund beginning January 1, 2004.

The Commission reversed the Administrative Law Judge's denial of Second Injury Fund liability, finding that the employee's permanent total disability resulted from the combined effect of a pre-existing back injury from a Vietnam landmine accident and a work-related injury sustained on October 25, 2005. The case involved determining whether the work injury, combined with pre-existing disabilities including a prior finger amputation and bilateral hand arthritis, created a greater degree of permanent disability warranting Second Injury Fund compensation.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Orville Caupp for a low back injury sustained on October 21, 2004, while lifting and moving boxes at American Airlines. The employee was awarded 20% permanent partial disability with 16 weeks of compensation payable from the Second Injury Fund totaling $5,664.80.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Robert Overstreet for a back injury sustained on December 21, 1998, while loading beverages at Krey Distributing Co. The claimant was awarded 35% permanent partial disability benefits totaling $52,336.36, with liability shared between the employer's insurer and the Second Injury Fund.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to John Sperino for a lumbar spine injury sustained on August 3, 2000, when a metal door fell on him while he was assisting a coworker. The employee received temporary total disability benefits, permanent partial disability benefits of 50% of the body as a whole, and permanent total disability benefits from the Second Injury Fund.

The Missouri Court of Appeals reversed the Commission's award of disability benefits and medical expenses, ruling that the employee was a domestic servant excluded from workers' compensation coverage. The Commission affirmed the Administrative Law Judge's decision finding the employee ineligible for workers' compensation because she was employed as a household caregiver in a private home.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of temporary total disability benefits for Charles C. Miller's work-related back and left leg injury sustained on May 4, 2009, from repetitive lifting, pulling, and carrying of building materials. The employee is entitled to weekly compensation of $772.53 for temporary total disability and authorized medical treatment, with proceedings remaining open for a final award.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Charles D. Pate's back injury sustained on December 18, 2003, while setting a residential meter. The employee was awarded 40% permanent partial disability with a weekly compensation rate of $556.02 for temporary and permanent total disability.

The Commission reversed the administrative law judge's decision and allowed compensation for a back injury sustained on November 16, 2007, while the employee was carrying painting equipment. The decision addressed Second Injury Fund liability in light of the employee's pre-existing disabilities including right knee damage, hearing loss, and pulmonary issues.

The Commission modified the administrative law judge's award, reversing the finding that the employer did not violate the Scaffolding Act and awarding a fifteen percent enhancement accordingly. The Commission affirmed all other findings regarding permanent partial disability benefits of 20% of the left biceps, 5% of each foot, and 2.5% of the body as a whole for lower back pain.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Shelby Mays for a low back injury sustained on March 3, 2005 while operating a sizer machine. The employee was awarded permanent total disability benefits from the Second Injury Fund, with compensation previously settled by compromise settlement agreement with the employer-insurer.

The LIRC affirmed the Administrative Law Judge's award of permanent total disability benefits to employee Sherry Sellars for injuries sustained in a motor vehicle accident on April 30, 2007, which resulted in a compression fracture at T-12 requiring surgical intervention. The Commission rejected the employer/insurer's argument that subjective mental disability findings should not prevail, finding that both the objective physical disability and the resultant psychic disability combined to warrant permanent total disability status.