Filtered workers' comp decisions

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Robby Gower for a claimed back injury allegedly sustained on December 1, 2005. The Commission found that the claimed injury did not arise out of and in the course of employment as required under Missouri workers' compensation law.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Edward Arnold for a low back injury sustained on July 6, 2003 while moving equipment in a warehouse, finding no permanent disability resulted from the compensable injury. Although the injury was found to arise out of and in the course of employment, no compensation was awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Randy Wineland for a low back injury sustained on June 6, 2002. The employee was awarded permanent and total disability benefits beginning July 14, 2005, with ongoing medical care and past due compensation with interest.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Ronald A. Lawrence II for a low back injury. However, the Commission found that the employee failed to meet his burden of proving entitlement to permanent total disability benefits from the Second Injury Fund due to insufficient evidence regarding psychiatric factors and medical necessity documentation.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits for Michael Tracy's low back injury claim, finding the claim was barred by the statute of limitations. Although Tracy experienced a compensable workplace injury on February 20, 2009, while stocking shelves, his claim for compensation was not filed within the time required by law.

The Commission reversed the administrative law judge's denial of workers' compensation benefits, finding that the employee's claimed injury was not merely an exacerbation of a preexisting condition but a compensable work-related injury. The employee, a 54-year-old car hauler with multiple preexisting conditions including a prior 2003 low back injury requiring fusion surgery, was entitled to compensation for his primary injury on January 31, 2005.

The Commission reversed the administrative law judge's award that the employee's permanent total disability resulted solely from his work-related lumbar spine injury, finding instead that the disability resulted from a combination of the work injury and preexisting lumbar spine conditions. The employee, who had documented orthopedic problems since 1996, suffered a lift-and-twist accident on January 25, 2007, and the issue was whether the work injury alone or the injury combined with preexisting disabilities caused permanent total disability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of compensation benefits for Helen Peek's October 30, 2010 work injury while assisting a patient at Western Missouri Medical Center. Although the injury to the left upper extremity, neck and back was found compensable under Chapter 287, the case was denied as to compensation awards and Second Injury Fund liability.

The Commission modified the Administrative Law Judge's award to allow compensation for future medical treatment for the employee's work-related back injury. The decision recognizes the employee's need for ongoing conservative medical care including medications, physical therapy, and injections, while finding that additional surgery is not presently indicated based on the medical evidence presented.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits for permanent total disability from the Second Injury Fund. Although the employee's own medical experts opined he was permanently and totally disabled from the primary back injury alone, he failed to establish entitlement to Second Injury Fund liability.

The Commission modified the ALJ's award, disagreeing with the finding that the employee was not permanently and totally disabled. The Commission found that vocational expert Ms. Browning and medical expert Dr. Volarich were more credible than the ALJ credited, and determined that the combination of the employee's primary back injury and pre-existing back disability rendered him unable to compete in the open labor market.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Eric Hartman for a back injury sustained on January 13, 2012, when he slipped on ice after being fired. The claimant was awarded $398,947.97 in total compensation, including unpaid medical expenses, temporary disability benefits, and permanent partial disability benefits of 60% of the body as a whole.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Michael Curbow for a low back injury sustained when he slipped and fell on ice at work on January 11, 2010. The claimant was awarded 12.5% permanent partial disability benefits, with the Second Injury Fund liable for 14.5 weeks of compensation totaling $6,133.07.

The Commission modified the administrative law judge's award, affirming the compensability of the employee's work injury and the stipulated temporary total disability benefits of $49,656.70 for the period June 16, 2011 through August 21, 2012. The Commission declined to disturb the award on grounds not at issue and addressed discrepancies regarding past medical expenses documentation.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to employee Kimberly Griggs for a motor vehicle accident while operating a tractor-trailer on Interstate 44 that resulted in strains, sprains, and contusions to her lumbar and cervical spine. The employee was awarded 7.5% permanent partial disability (30 weeks) with a weekly compensation rate of $463.36 for temporary total disability and $425.19 for permanent partial disability.

The Commission affirmed the administrative law judge's decision denying workers' compensation to a sheriff's deputy who fell down stairs, finding his testimony about a radio dispatch causing the fall not credible based on lack of mention in medical records. The dissenting opinion argued the employee's sworn testimony should be weighted more heavily than medical documentation and that the absence of dispatch information in records does not impact credibility.

The Labor and Industrial Relations Commission affirmed the administrative law judge's amended award allowing workers' compensation benefits for Harold E. Reeves for a permanent total disability injury. Reeves suffered a fall down stairs while carrying pitching nets at work on August 28, 2008, resulting in back and neck injuries.

The Commission affirmed the administrative law judge's award requiring the employer to provide future medical treatment for the employee's work-related low back injury and radicular symptoms, including medications, physical therapy, and pain clinic procedures as recommended by medical experts. The Commission rejected the employer's argument that medical treatment decisions should be left solely to the employer's selected physicians, finding sufficient evidence that the recommended treatments may reasonably be required to cure and relieve the effects of the injury.

The Missouri LIRC modified the ALJ's award, finding that the employee's work injury on November 17, 2008 was the prevailing factor in causing a herniated disc, urinary incontinence, and aggravating psychiatric conditions, and that the employee is entitled to future medical care and permanent total disability benefits. The Second Injury Fund liability was also addressed on modification.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation for Matthew Held, a firefighter injured when buried under bricks, stone, and roof material during a building collapse on February 2, 2003. The claimant was awarded permanent total disability benefits along with past medical expenses and temporary disability compensation.

The Commission affirmed the administrative law judge's award of permanent total disability benefits to Sandra F. Johnson for a low back strain injury sustained on July 14, 1999. The Court found the employee's condition as of maximum medical improvement supported permanent total disability, and the Second Injury Fund was deemed to have no liability in the matter.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Ahdenah Fulcher-Tate for an alleged low back injury sustained while moving furniture during a contraband search on July 30, 2000. The Commission found that the injury did not arise out of and in the course of employment and therefore was not compensable under Missouri law.

The Commission modified the ALJ's award and granted permanent total disability benefits against the Second Injury Fund, finding that the claimant's combination of work-related back injury and pre-existing back condition rendered him unable to secure and sustain gainful employment. The Commission affirmed the ALJ's award in all other respects and approved the attorney's fees as fair and reasonable.

The Commission modified the Administrative Law Judge's award, finding the employee credible regarding her work-related back and neck injury and rejecting the judge's credibility concerns. The decision addresses permanent partial disability benefits considering the employee's preexisting 12.5% disability condition related to cancer and chronic pain.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Larry Burnam for a low back injury sustained on June 11, 2008, while performing maintenance work on an MRI chiller unit. The employee was awarded permanent partial disability benefits, temporary total disability benefits, and reimbursement for medical expenses totaling over $53,000.