OTT LAW

Filtered Decisions

287 decisions matching filters

Karras v. Supervalu, Inc.(2009)

May 20, 2009

affirmed

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in this case, despite finding the injury to the lumbar spine compensable under Chapter 287. The employer and insurer had previously settled their liability, resulting in no compensation being awarded to the claimant.

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Kiemel v. American Airlines(2009)

May 19, 2009

affirmed

The Commission affirmed the administrative law judge's award denying compensation benefits in this workers' compensation case, despite finding the injury to the cervical and lumbar spine compensable and arising out of employment. The employer and insurer had previously settled their liability in the case, resulting in no additional compensation being awarded.

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Brooke v. Ramey's Supermarket(2009)

May 1, 2009

affirmed

The Commission affirmed the Administrative Law Judge's award allowing compensation for Amanda Brooke's occupational disease caused by repetitive lifting as a meat assistant. The claimant was awarded 35% permanent partial disability to the body as a whole for neck/back injury totaling $26,210.80 in compensation.

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Miller v. Gen X Mex Foods, Inc. d/b/a Taco Bell(2009)

April 29, 2009

affirmed

The Missouri LIRC affirmed the administrative law judge's award of workers' compensation benefits to Suzanne M. Miller for a lower back injury sustained on April 1, 2002, when she slipped on water and fell at a Taco Bell facility in Warrenton, Missouri. The employee was awarded $8,107.32 in total compensation consisting of temporary total disability and permanent partial disability benefits at 12.5% of the body as a whole.

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Alcorn v. Monroe City R-1 School District(2009)

April 8, 2009

reversed

The Commission reversed the administrative law judge's award of workers' compensation to Christina Alcorn, a paraprofessional educator who claimed a back injury sustained while lifting a seizing student from bleachers on November 11, 2003. The reversal was based on the employee's failure to provide written notice of the injury within thirty days as required by Missouri statute, with the Commission finding insufficient evidence that the employer was not prejudiced by the delayed notice.

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Johnson v. Duke Manufacturing Co.(2009)

March 13, 2009

affirmed

The Commission affirmed the Administrative Law Judge's award denying all workers' compensation benefits in this case. Although the injury occurring on December 28, 2000, when the claimant caught his foot on a skid and rolled, was deemed compensable under Missouri law, no permanent disability was found and no compensation was awarded.

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Wyatt v. Blair Packaging(2009)

March 12, 2009#04-012678

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for a back injury sustained on February 2, 2004. One member dissented, arguing the employee should have been awarded permanent total disability benefits based on medical causation of subsequent surgeries and stenosis diagnosed in 2005.

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Huller v. VIP Property Management Company(2009)

March 11, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent partial disability benefits for Michael Huller's compensable May 6, 2004 work-related spine injury requiring surgical fusion and fixation. A dissenting opinion argued that future medical benefits should also be awarded based on the reasonable probability of continued treatment needs following the spinal surgery.

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Landers v. New Prime, Inc.(2009)

March 10, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of permanent partial disability benefits for Carol Landers' compensable September 15, 2002 work-related injury. A dissenting opinion argued for permanent total disability benefits based on vocational expert testimony that the employee was unemployable in the open labor market due to pain and inability to perform any level of work.

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Bartley v. Hawthorne Inn(2009)

February 10, 2009

affirmed

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for an employee's alleged lower back injury from slipping on a wet surface at work. The claim against the Second Injury Fund was denied, and no compensation was awarded.

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Cooper v. Ozarks Medical Center(2009)

January 29, 2009

affirmed

The Commission affirmed the administrative law judge's award finding that employee JoAnn Cooper's fall while exiting an elevator on October 30, 2007 was a compensable work injury. The award provides for $7,993.62 in unpaid medical expenses and $600.00 in temporary disability compensation, with the case remaining open for final award.

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Kotraba v. American Power Conversion Corp.(2009)

January 27, 2009

affirmed

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Douglas Kotraba's low back injury sustained on February 2, 2004, while moving a compressor. The claimant was awarded permanent total disability benefits, with the Second Injury Fund liable for lifetime weekly compensation of $603.33 after an initial 120-week differential period.

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Boller v. Citizens Memorial Healthcare Foundation(2009)

January 23, 2009

affirmed

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to Teresa Boller for a back injury sustained while lifting a patient on September 3, 2003. The claimant is entitled to weekly compensation of $226.06 beginning March 8, 2006, for her lifetime.

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Rector v. Gary's Heating & Cooling(2009)

January 23, 2009

affirmed

The Division of Workers' Compensation affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Jason Rector for a back injury sustained on September 24, 2004, while employed at Gary's Heating & Cooling. The claimant was awarded permanent partial disability compensation of 65% of body (260 weeks × $354.05 = $92,053.00) plus future medical benefits.

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Burnfin v. J & J Drive Away, Inc.(2009)

January 16, 2009

affirmed

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to William Burnfin for a back injury sustained while removing a truck tire on March 2, 2005. The employee was awarded 56 weeks of permanent partial disability compensation at $354.05 per week, plus unpaid medical expenses totaling $20,858.95, with 14% permanent disability to the body as a whole.

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Fischer v. Schultz Electric, Inc.(2009)

January 14, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Thomas James Fischer for a back injury sustained on June 1, 2004, while moving heavy machinery at Schultz Electric, Inc. The claimant was found to be permanently and totally disabled, with compensation awarded for temporary disability, permanent disability, and necessary medical expenses.

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Scott v. FedEx Freight East, Inc.(2009)

January 5, 2009#03-042483

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Joseph H. Scott for an alleged lumbar spine injury sustained on May 8, 2003, while attempting to lift a dolly tongue to attach a trailer. The Commission found that the injury did not arise out of and in the course of employment, and therefore no compensable injury occurred under Missouri law.

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Roberts v. City of St. Louis(2008)

December 19, 2008

modified

The Missouri Commission modified the administrative law judge's award regarding Stanley Roberts' workers' compensation claim for injuries sustained on October 15, 2002. The Commission found Roberts sustained permanent partial disabilities including 40% to the lumbar spine, 15% to the cervical spine, and various percentages at the knees and elbow, with significant physical restrictions on work activities.

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Haynes v. American Construction and Energy(2008)

December 3, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award in this workers' compensation case for a lower back injury sustained on September 4, 1996, when the employee was moving a bundle of slab doors. The injury was found to be compensable under Missouri law, with medical expenses already provided and no permanent disability determined.

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Brown v. Ameristar Casino(2008)

November 26, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Arthur Brown for an alleged back injury sustained while pushing a cart onto an elevator. The Commission found the injury did not arise out of and in the course of employment under Missouri workers' compensation law.

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Sheets v. Power Maintenance & Constructors(2008)

November 25, 2008

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Jerry Sheets for a low back injury sustained on May 2, 2005, when he fell while walking across ductwork while carrying equipment. The claimant was awarded permanent partial disability benefits of 37-1/2% for the body as a whole, with additional permanent total disability benefits payable by the Second Injury Fund.

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Doyle v. United Parcel Service(2008)

November 20, 2008

affirmed

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Michael Doyle's low back injury and hernia sustained while lifting a package at work on January 9, 2004. The claimant was awarded 52 weeks of permanent partial disability compensation plus permanent total disability benefits against the Second Injury Fund due to the combination of the primary injury and preexisting conditions.

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Vincent v. Barton Lumber(2008)

October 22, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Ray Vincent for a compensable injury sustained on November 14, 2000, while lifting roofing materials. The Commission made a minor modification to clarify that the settlement hearing was held on September 9, 2004, rather than November 9, 2004.

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McDonald v. Ever Ready Electric & Service(2008)

October 17, 2008

affirmed

The Commission affirmed the administrative law judge's denial of the employee's workers' compensation claim, finding that he failed to meet his burden of proof on the issues of accident and medical causation. The Commission modified the award to correct a factual error regarding witness availability but upheld the ultimate conclusion that the claim was not compensable.

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Mutapcic v. St. Louis Cold Drawn(2008)

October 1, 2008

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Azim Mutapcic for a low back injury sustained on August 1, 2005, while using a pry bar to move metal at work. The claimant was awarded compensation for 25% permanent disability to the body part with no liability assessed against the Second Injury Fund.

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