Filtered Decisions

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 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 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 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.