Filtered Decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation to Elizabeth Caccia-Nelson for a low back and hip injury sustained on February 11, 2000, while lifting a cauldron of icing at Dierberg's Markets. The claimant was awarded 20 weeks of permanent partial disability compensation totaling $5,401.60 for 5% permanent partial disability.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Emmanuel Caldwell for an alleged low back injury sustained while lifting during refrigerator assembly on March 13, 2002. Although the injury arose out of and in the course of employment, the award of no compensation was supported by competent and substantial evidence under the Missouri Workers' Compensation Act.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Bob D. Burnett for a work-related injury sustained on March 15, 2002, in St. Charles County, Missouri. One commissioner dissented, arguing the award should be modified to include compensation for a disc injury that the majority found lacked sufficient causal connection to the workplace accident.

The Labor and Industrial Relations Commission reversed the administrative law judge's decision and awarded compensation to Linda Tubb for a thoracic back injury sustained on May 28, 2002, while working on an assembly line. The Commission found the employee entitled to benefits despite the ALJ's determination that the condition was an ordinary disease of life rather than an occupational disease.

The Labor and Industrial Relations Commission modified the administrative law judge's award in a workers' compensation case involving an electrician who slipped and injured his back on November 29, 2001, while working for Independent Plumbing and Interior Electric. The employee subsequently experienced a severe allergic reaction to ibuprofen prescribed at a medical facility, but medical evidence supported that his primary compensable injury was the back injury resulting in fusion surgery and ongoing pain and psychological disorders.

The Commission affirmed the administrative law judge's award finding that the claimant's low back injury from lifting a patient was compensable and that the employer must provide future psychiatric treatment. The claimant was awarded 20% permanent disability of the body as a whole referable to low back injury and 20% referable to psychiatric condition.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Lorenzo Garcia, who sustained a back injury when struck by a concrete buggy on April 23, 2003. The claimant was awarded 12.5% permanent partial disability to the body as a whole and permanent total disability benefits beginning September 23, 2003.

The Commission reversed the Administrative Law Judge's temporary award issued on July 28, 2005, and issued a final award in lieu thereof regarding a back injury claim from September 11, 2002. The disputed issues included medical causality between the accident and back condition, need for back surgery, medical care liability, temporary total disability benefits, maximum medical improvement status, and permanent partial disability determination.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for an employee who suffered a low back and femoral hernia injury when a tarp tore while attempting to cover a sand load on his trailer on February 17, 2003. The employee was awarded 12.5% permanent partial disability to the body as a whole, 50 weeks of permanent partial disability compensation at $340.12 per week, and additional temporary total disability compensation.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Donna White for injuries allegedly sustained in a slip and fall accident on September 17, 2002. The claim was denied because it was not filed within the time required by Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Carmen Wiseman for an alleged back injury occurring on February 19, 2000 at Truman Medical Center. The commission found no accident or occupational disease arose out of and in the course of employment, and no compensation was awarded.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for a low back injury sustained on March 1, 2001, when the employee slipped on a wet tile floor at the employer's deli. The injury was found to be compensable under Missouri law with 30% permanent disability to the body as a whole.

The Missouri LIRC affirmed the administrative law judge's award of workers' compensation benefits to Marian Knisley for a low back injury sustained on April 6, 1999, while changing dyes in embosser machines at Charleswood Corporation. The employee was awarded $48,456.00 in permanent partial disability compensation for a 45% disability rating of the body as a whole.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for Richard Henson's claimed injuries to his right knee and back from a fall while working on a roof on October 8, 1995. No compensation was awarded despite the employee having paid temporary disability and medical expenses totaling over $33,600.

The Commission affirmed the Administrative Law Judge's final award denying compensation in a workers' compensation case involving a low back injury alleged to have occurred on December 2, 1994, when the employee felt a pop in his low back while moving an optical machine. Although the injury was found to be compensable under Missouri law, no compensation benefits were awarded, with the case resolved through a stipulated compromise settlement.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Annie Dicus for back injuries sustained in two separate accidents on August 20, 1996 (slip and fall while delivering pizza) and February 20, 1997 (motor vehicle accident while delivering newspapers). The employee was awarded 10% permanent disability of the body as a whole for each claim, with necessary medical aid to be paid by the employer-insurer.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to William Copeland for a lumbar spine injury sustained in a motor vehicle accident on August 13, 1997. The claimant was awarded 25% permanent partial disability, unpaid medical expenses of $178.36, future medical care authorization, and 100 weeks of permanent partial disability compensation totaling $27,842.00.

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to William Davis for a work-related back injury on October 17, 2002, finding no permanent disability despite the accident being work-related. A dissenting opinion argued the decision was erroneous because both medical experts testified employee sustained permanent disability, and substantial evidence showed a change in condition at L4/5 following the injury.

The Missouri LIRC affirmed with modification the Administrative Law Judge's award of workers' compensation benefits to Robert Kasza for a low back injury sustained on October 16, 2002 while lifting a marble slab. The Commission increased the award to include an additional $298.05 for pain management services provided by BJC Health System, along with the previously awarded $3,584.00 for medical expenses.

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Gary C. Shroder for a back injury allegedly sustained in June 2002 while placing baskets and steel forms at a construction site. Although a dissenting opinion argued the injury was compensable as an unexpected result of usual work duties, the majority found the evidence insufficient to support compensation despite the employee's testimony of acute onset symptoms and notification to his supervisor.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Scott Davis for a back injury sustained on January 28, 2000, while lifting patients at his employer's facility. The claimant was awarded permanent total disability status with compensation for temporary disability, medical expenses, and attorney's fees.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Marcus Bentley for an alleged back injury on October 16, 2003. The claimant failed to prove that his physical complaints were related to a work incident and therefore no compensation was awarded.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for Cordia Anderson's back injury sustained on September 24, 2002, while dumping a 55-gallon drum. The injury was found to be compensable under Missouri law with permanent total disability benefits awarded.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to James G. Hawley for an alleged back injury from lifting a generator on February 1, 2002. The court found that the employee was not in the employ of the employer at the time of the alleged accident and that the injury did not arise out of and in the course of employment.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Mark Howard for a low back injury alleged to have occurred on September 4, 2003, finding that the injury did not arise out of and in the course of employment. No compensation was awarded in this case.