Filtered workers' comp decisions

The Commission affirmed the administrative law judge's award of permanent total disability benefits to David Robben from the Second Injury Fund, finding that his disability resulted from a combination of his primary 2004 low back injury and preexisting 2002 low back injury and surgery. The Commission rejected the Second Injury Fund's argument that the disability stemmed solely from the primary injury, finding credible evidence that Robben's need to rest in a recumbent position during the day renders him unable to compete in the open labor market.

The Commission reversed the administrative law judge's award that found the employee sustained a compensable back injury on July 14, 2010, while working for FedEx Ground and awarded temporary total disability benefits. The reversal was based on challenges to the findings regarding whether an accident occurred and medical causation for the back injury.

Employee Glenda Hunter slipped and fell on ice in the employer's parking lot while returning from a smoke break on February 28, 2013, suffering injuries to her right lower extremity and back. The Division of Workers' Compensation awarded temporary benefits for medical treatment including MRI scans, pain management, physical therapy, and psychological evaluation, finding the injury compensable as arising out of and in the course of employment.

The Commission modified the ALJ's award regarding a workers' compensation claim for Tina Collins involving a December 15, 2001 work-related injury to her back and SI joint, with a preexisting dysthymic disorder that was aggravated by the accident. The employee was awarded permanent partial disability benefits totaling 27.5% of the body as a whole, with the Second Injury Fund held liable for a portion of the benefits.

The Missouri LIRC modified the administrative law judge's amended award in a workers' compensation case for employee Olga Harris involving a low back injury claim. The Commission clarified issues surrounding temporary total disability benefits and medical causation while affirming the ALJ's determination of 7 weeks and 1 day of temporary total disability after the employer failed to appeal that specific finding.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Sheri Hill-Wurtz for an alleged back injury that occurred on February 24 or March 3, 2001. The injury was found not to be compensable as it did not arise out of and in the course of employment, and no benefits were awarded.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Ronald Herbert's low back disc injury sustained while driving steel posts into the ground on October 28, 2008. The claimant was awarded 50% permanent partial disability to the low back, with temporary disability compensation of $37,252.87 already paid and permanent total disability benefits from the Second Injury Fund.

The Commission reversed the administrative law judge's decision and allowed workers' compensation, finding that the employee sustained a compensable new herniated lumbar disc injury at L3-4 resulting from a work accident, rather than merely an exacerbation of preexisting conditions. The Second Injury Fund was found liable for the employee's permanent partial disability claim.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to employee Lester Barker for a lumbar spine injury sustained on April 5, 2010, while lifting and twisting large drain pipes at work. The employee was found to be permanently and totally disabled due to permanent work restrictions from the back injury combined with illiteracy, entitling him to ongoing compensation and future medical care.

The Commission affirmed the administrative law judge's award of permanent total disability benefits for a self-employed flooring contractor who suffered a herniated disc in his low back while lifting a vacuum cleaner from his truck on June 7, 2005. The employee is entitled to weekly compensation of $666.67 beginning October 1, 2008, for his lifetime.

The Labor and Industrial Relations Commission modified the administrative law judge's award, finding that the employee sustained a work-related lumbar sprain but denying claims for myofascial pain syndrome, psychiatric injury, and permanent total disability. The employee was awarded 10% permanent partial disability referable to the lumbar spine with an overpayment credit of $1,157.47, and the Second Injury Fund was found to have no liability.

The Commission affirmed the administrative law judge's denial of workers' compensation benefits for Mary Compton (deceased), finding that her claim was barred by the two-year statute of limitations under Missouri law. The employee's April 2007 workplace injury claim was not filed until January 2012, well beyond the statutory deadline, and subsequent medical treatment at an employer clinic in 2010 did not toll the statute of limitations.

The Labor and Industrial Relations Commission affirmed the administrative law judge's temporary or partial award finding that claimant Melvin Thomas sustained a compensable low back injury on September 23, 2011, when he lifted a box at work. The case remains open for further proceedings to determine final compensation for temporary disability and future medical expenses.

The Commission affirmed the ALJ's award finding Martin George permanently and totally disabled from a work-related lumbar spine injury sustained on April 22, 2008, in combination with pre-existing conditions. The decision corrected pronoun inconsistencies in the original award while upholding the finding that claimant was unemployable on the open labor market and unable to perform more than sedentary work.

The Labor and Industrial Relations Commission modified the administrative law judge's award, approving a compromise settlement between the employer and employee while addressing Second Injury Fund liability for a work-related lumbar spine injury. The employee, who had preexisting conditions affecting her bilateral upper extremities and left shoulder from prior workers' compensation claims, was found to have suffered a sprain/strain injury related to the work accident with resulting permanent partial disability.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Gary Grossenbacher for a low back injury sustained on July 21, 2010 while lifting 75-pound log splitter tanks at work. The employee was awarded 13.75 percent permanent partial disability benefits with ongoing payments from the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Angela Miller for her back injury, despite a dissenting opinion arguing that her continued smoking constituted unreasonable refusal of medical treatment. The majority upheld the original award and approval of attorney's fees, though the dissent contended the employee's nicotine use rendered her ineligible for surgery that could reduce her disability.

The Commission affirmed the Administrative Law Judge's award finding that employee Kenna Morris sustained a compensable low back injury when she fell on hospital stairs on March 20, 2011 while retrieving a patient's cell phone. The employer was ordered to provide medical care and treatment, with this temporary/partial award subject to further modification pending final determination.

The Commission affirmed the Administrative Law Judge's award denying compensation in a workers' compensation case involving a transport driver who suffered a low back and pelvis injury from falling off an automobile transport truck. Although the injury was found to be compensable and work-related, no compensation was awarded, with the case being settled.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Lisa Earley for a lumbar spine injury sustained on April 2, 2004, when she pulled a rounder of clothing on wet carpet at a Dillard's store. The employee was awarded $308,295.11 in total compensation, including medical expenses, temporary disability, and permanent partial disability benefits for the lumbar spine and left knee.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to employee Sherry Shamel for an alleged trip and fall injury. The claim was found non-compensable under Missouri workers' compensation law, with no benefits awarded.

The Commission modified the Administrative Law Judge's award, finding that the employee's work injury and L5-S1 fusion surgery caused degenerative changes at adjacent lumbar spine levels (L3-4 and L4-5), rejecting the insurer's medical expert's opinion that attributed the degeneration solely to aging. The Commission adopted the employer's authorized treating physician's opinion that the fusion surgery placed stress on adjacent spine levels, causing symptomatic degenerative disc disease.

The Commission affirmed the administrative law judge's award dated November 26, 2012, in this correcting award that superseded the prior award of August 1, 2013. The employee, a nurse who sustained a low back injury on March 28, 2006 while assisting a difficult birth, was awarded 23% permanent partial disability of the body as a whole with compensation for temporary disability and necessary medical aid.

The Commission affirmed the Administrative Law Judge's award of permanent total disability compensation to employee Carolyn Brashers for a January 2009 work injury, finding that the injury caused new and additional permanent limitations including increased pain and difficulty with prolonged sitting and walking. The Commission rejected the Second Injury Fund's argument that the employee was already permanently and totally disabled before the primary injury, holding that the employee's pre-injury employment demonstrated her ability to compete in the labor market and that the injury caused measurable additional disability.

The Commission modified the administrative law judge's award, adopting Dr. Cohen's opinion that the July 17, 2000 work accident caused an aggravation of the employee's low back condition resulting in 7.5% permanent partial disability, while also recognizing preexisting conditions including spondylolisthesis and coronary artery disease. The Commission found employer liable for $82,588.03 in past medical expenses, including low back surgery, as the treatment was reasonable and necessary to cure and relieve the effects of the work injury.