OTT LAW

Filtered Decisions

255 decisions matching filters

Embrey v. Johnson Controls(2010)

July 29, 2010

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding the employee's low back injury compensable under Missouri workers' compensation law. The employer is ordered to pay temporary total disability benefits and provide necessary medical aid, with proceedings kept open for final determination pending maximum medical improvement.

back9,558 words

Roberson v. Ben Hur Construction(2010)

July 15, 2010

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Jerry Roberson for a back injury, finding the award supported by competent and substantial evidence. A separate opinion disagreed on the classification, arguing for permanent total disability benefits rather than permanent partial disability based on expert testimony regarding the employee's inability to compete in the open labor market.

back5,090 words

Jones v. Laclede County(2010)

July 15, 2010

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Lonnie Jones for a low back injury sustained on March 7, 2008, when a hydraulic cylinder blew out on a dump truck he was operating. The claimant was awarded permanent total disability benefits at $340.53 per week beginning October 13, 2008, along with future medical benefits.

back8,521 words

Kuhnlein v. City of Kansas City(2010)

June 24, 2010

affirmed

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to James Kuhnlein for a low back strain injury sustained on March 30, 2007, when he slipped on a newly stripped floor at work. Although the injury was deemed compensable and work-related, no compensation was awarded in the final decision.

back3,658 words

Holley v. Missouri Highway & Transportation Commission(2010)

June 17, 2010

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in full. The claim was denied because the alleged back injury on May 21, 2001 did not arise out of and in the course of employment.

back2,765 words

Washington v. Meridian Medical Tech(2010)

June 15, 2010

modified

The Commission affirmed in part and reversed in part the administrative law judge's award denying compensation for a November 2001 work accident in which the employee's chair suddenly dropped, causing low back injury. The case involved disputed claims regarding permanent disability, occupational disease, and medical causation related to the low back injury.

back10,137 words

Fischer v. Montgomery County(2010)

June 15, 2010

affirmed

The Commission affirmed the administrative law judge's award of permanent total disability compensation to Jerry Fischer for injuries sustained on June 7, 2004, when he fell off a crawler during track repairs. Fischer is entitled to $337.18 per week compensation for life, with medical benefits and attorney's fees approved.

back11,842 words

Vitale v. St. Louis Envelope Company/Fowler Envelope, Missouri Envelope, LLC(2010)

June 8, 2010

affirmed

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits in this case, despite finding the injury compensable under Chapter 287. Although the claimant's low back injury from moving a table on June 22, 2007 met all statutory requirements, no compensation was awarded.

back8,496 words

Gibbons v. The Quaker Oats Company(2010)

May 20, 2010

affirmed

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to Michael G. Gibbons for a low back and right leg injury sustained on December 7, 1999, while attempting to remove a 350-pound vacuum pump at work. The employer is liable for lifetime weekly benefits of $578.48, temporary total disability for specified periods, outstanding medical expenses of $11,333.73, and future medical care related to the injury.

back4,187 words

Brown v. Missouri Department of Corrections(2010)

May 18, 2010

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits for an employee's permanent partial disability related to thoracic and lumbar spine injuries sustained while working in the mail room. A dissenting opinion argues that benefits should also have been awarded for cervical spine injuries aggravated by repetitive lifting of heavy mail bags and carts weighing 30-100 pounds.

back5,289 words

Balch v. Brambles Equipment Services(2010)

May 17, 2010

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Larry D. Balch for a low back injury sustained on March 20, 2001, while lifting hoses for an air compressor. The employee was awarded 120 weeks of permanent partial disability compensation totaling $37,711.20, with medical benefits of $247,719.45 already paid by the insurer.

back9,299 words

Adams v. McBride & Son Enterprises(2010)

May 13, 2010

affirmed

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Kenneth Adams (deceased, represented by Brenda Adams) for a low back injury sustained on May 30, 2002, while lifting heavy doors at McBride & Son Enterprises. The total compensation awarded was $141,877.87, including unpaid medical expenses, temporary total disability benefits, and permanent partial disability benefits of 30% of the body as a whole referable to the low back.

back2,051 words

Salzman v. Tiffany Care Centers, Inc.(2010)

April 29, 2010

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding the employee's low back and left leg injury compensable under Missouri workers' compensation law. The injury occurred on January 8, 2007, when the employee was injured while assisting a co-worker in lifting a patient who had fallen, resulting in left L5 nerve root impingement.

back4,649 words

Bales v. Missouri Department of Corrections(2010)

April 15, 2010

affirmed

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for Keith Bales, who alleged a slip and fall injury on a wet floor in a power plant on May 9, 2003. The claim was denied as the injury was determined not to be compensable under Missouri workers' compensation law.

back1,692 words

Perdue v. PeopLease Corp.(2010)

April 14, 2010

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Mary Perdue for an injury sustained while unloading a trailer on January 5, 2006. The Commission rejected the employer's arguments that no accident occurred, that the activity was equally exposed outside employment, and that the medical evidence was improperly weighed.

back5,244 words

Sell v. Ozarks Medical Center(2010)

April 7, 2010

affirmed

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Eli Sell's work-related back injury sustained on May 29, 2006, which resulted in permanent partial disability of 20% of the body as a whole. The decision upheld liability for future medical treatment, temporary total disability benefits from May 30, 2006 through February 19, 2008, and permanent partial disability benefits despite the employer's argument regarding inadequate notice of the injury.

back6,449 words

Woodard v. Vitro Products, Inc.(2010)

March 25, 2010

affirmed

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits for Willie Woodard's alleged back injury from lifting on July 27, 2007. The injury was found not to be compensable under Missouri workers' compensation law, with no benefits, medical aid, or disability compensation awarded.

back1,486 words

Sanders v. Lionmark Construction d/b/a Pace Construction(2010)

March 25, 2010

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Mike Sanders' low back injury sustained on September 15, 2004 while operating heavy equipment. The Commission found the injury compensable and approved permanent total disability benefits against the Second Injury Fund, along with temporary disability compensation and medical aid already paid.

back5,346 words

Wilken v. Qualserv Corporation(2010)

March 16, 2010

reversed

The Commission reversed the Administrative Law Judge's award, denying workers' compensation for an employee who claimed back injuries from two workplace incidents in January and February 2006, along with subsequent complications including a treatment-related burn and pulmonary embolism. The decision hinged on whether the workplace accidents were the prevailing factor in causing the employee's back condition, given significant preexisting degenerative disc disease and spinal stenosis.

back3,854 words

Crump v. PrintPack Georgia, Inc.(2010)

March 9, 2010

affirmed

The Commission affirmed the administrative law judge's decision denying compensation and finding no Second Injury Fund liability, though disagreeing with the reasoning. The employee's 1995 and 2001 back injuries were determined not to combine in a manner creating Second Injury Fund obligations.

back16,202 words

Darlington v. Harrah's North Kansas City LLC and Harrah's Enter Promus Co.(2010)

February 4, 2010

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying all workers' compensation benefits, finding that the employee's alleged repetitive trauma injury to his low back and left leg from lifting supplies and moving carts did not arise out of and in the course of employment. No compensation, medical benefits, or disability payments were awarded.

back15,003 words

Zentz v. Kraft Foods(2010)

January 26, 2010

affirmed

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Aaron Zentz for an alleged lower back injury occurring on April 26, 2005, while working at Kraft Foods. The injury was found not to have arisen out of and in the course of employment, rendering it non-compensable under Missouri Workers' Compensation Law.

back3,707 words

Morgan v. School District of Kansas City, Missouri(2010)

January 22, 2010

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Sharon Morgan for a back injury sustained on May 12, 2004, when she fell from a chair while hanging a poster at work. The employee was awarded temporary total disability benefits for ten weeks and permanent partial disability benefits of 22.5% of body as a whole.

back4,581 words

Tilley v. USF Holland Incorporated(2010)

January 21, 2010

affirmed

Kenneth H. Tilley was awarded permanent total disability benefits after suffering a back injury while unloading canvas rolls from a truck on June 6, 2003. The Commission affirmed the administrative law judge's award, which included temporary total disability payments and necessary medical expenses.

back9,177 words

Martin v. Mark Twain Caring Center(2010)

January 19, 2010

reversed

The Commission reversed the administrative law judge's award and found that employee Shelly Martin suffered work-related back injuries on June 11, 2002, and January 14, 2003, while employed at Mark Twain Caring Center. The Commission determined that employer failed to provide necessary medical treatment and must furnish additional medical care under the direction of Dr. Gornet.

back14,016 words