Filtered workers' comp decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Richard Gilpin for a low back injury sustained on July 13, 2009 while pushing a cart at work. The employee was awarded permanent total disability benefits of $645.23 per week for life, with all past and future medical care to be provided by the employer and insurer.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits despite finding the June 25, 2009 incident compensable, determining it was not the prevailing factor in the employee's low back and right leg complaints. No compensation was awarded for temporary disability, permanent disability, or Second Injury Fund liability.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Ken Ruch for a low back injury sustained on December 8, 2009, when he fell and was struck by crates of milk at Prairie Farms Dairy. The claimant was awarded 41.32 weeks of permanent partial disability benefits totaling $17,477.12 from the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to James K. Pippen for a work-related injury resulting in permanent partial disabilities of the lumbar spine (20%), cervical spine (7.5%), and psychiatric injury (30%). The Commission found that the employee's need to lie down to control pain resulted from both the 2002 work injury and a preexisting low back condition, thereby limiting employer liability for total permanent disability benefits.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Wilson F. Turner for injuries sustained on January 1, 1999, when he slipped and fell on excavator tracks, injuring his spine, groin area, and mental health. The employee was determined to have permanent total disability and is entitled to ongoing medical care and compensation.

The Commission modified the administrative law judge's award, finding the employee sustained 85% permanent partial disability of the body as a whole referable to low back injury, radicular symptoms, and psychiatric complaints. The decision addresses preexisting psychiatric disabilities and establishes permanent total disability resulting from the combination of preexisting limitations and the primary work injury.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits for an employee's claimed occupational disease low back injury, finding the employer's medical expert credible and persuasive. The Commission clarified that while traumatic events are not required to prove causation in occupational disease low back claims, the evidence in this case did not support the employee's claim for compensable injury.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Donald Brandenburg for injuries sustained when an ambulance he was working in was struck by another vehicle on July 17, 2004. Brandenburg was awarded permanent partial disability benefits (60% of body as a whole) and permanent total disability benefits from the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Tammy Moore Ransdell for a low back injury sustained on February 26, 2008, while employed by Randolph County. The award includes $48,000 in compensation (25% permanent disability plus 100 weeks of temporary total disability) and $130,574 in medical expenses.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Shane Null's work-related low back compression fracture injury. The Commission found the award was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

The Commission affirmed the Administrative Law Judge's award of workers' compensation to Michelle Belt for a low back injury and psychiatric conditions sustained on January 5, 2008, while transferring a patient as a patient care associate. The award included temporary total disability payments, permanent partial disability compensation of 180 weeks, and approved attorney's fees.

The LIRC affirmed the administrative law judge's award allowing workers' compensation for a July 2008 lower back injury that caused radiating pain into the right leg, rating it as 20% permanent partial disability of the body as a whole. The court determined that while the employee was not permanently and totally disabled from the last injury alone, compensation was warranted for the documented worsening of pre-existing low back conditions.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Gary Scott for a low back injury sustained while performing excavation work on uneven terrain. The Commission found that although an accident occurred, it did not arise out of and in the course of employment as required by Missouri Workers' Compensation Law.

The Missouri LIRC reversed the Administrative Law Judge's decision and awarded compensation to employee Daneen Pennington for a work-related low back injury sustained on March 22, 2010, while lifting a box of paper. The primary issue was whether the employee's permanent total disability resulted from the work injury in isolation or in combination with preexisting shoulder impingement syndrome.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying compensation in this workers' compensation case, despite finding the back injury compensable under Missouri law. The employee had settled her case with the employer-insurer for 50% permanent partial disability of the body as a whole referable to the low back, resulting in no additional compensation being awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Jennifer Thomas, finding the employer egregiously failed to comply with a temporary award by refusing to pay for prescribed medical treatments. The Commission addressed the employer's non-compliance with § 287.510 RSMo regarding potential doubling of unpaid compensation amounts.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in a case involving a bus accident on August 29, 2008, where the employee sustained a transient low back injury with no permanent disability. Although the injury was deemed compensable and work-related, no compensation was awarded because the injury did not result in any lasting impairment.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for David Davy's occupational back injury sustained in a truck accident on October 29, 2007. The employee was found to have suffered 12.5% permanent partial disability of the body as a whole from injury to the low back and lumbar spine.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding liability for the employee's permanent total disability, specifically addressing whether the employer or Second Injury Fund is responsible for benefits. The case involves an April 2007 work-related low back injury complicated by significant preexisting low back conditions, with the Commission determining the employer liable for 40% permanent partial disability while addressing Second Injury Fund liability for permanent total disability.

The Commission affirmed the Administrative Law Judge's award granting workers' compensation benefits to Elizabeth Downing for a back injury sustained while working as a waitress on August 6, 2005 and June 12, 2006. The claimant was awarded $18,091.88 in total compensation including unpaid medical expenses, temporary total disability, and permanent partial disability benefits.

The Commission modified the ALJ's award regarding an employee's July 7, 2009 lower back injury sustained while slipping on rubble at work. The Commission addressed evidentiary defects in the medical bills submitted, particularly regarding improperly admitted hearsay evidence and lack of proper affidavits and notarization as required by Missouri workers' compensation law.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for James Kellerman's back injury sustained on August 22, 2006, while employed at Plaza Motors. The Commission issued a supplemental opinion correcting minor factual findings regarding back surgery recommendations and the credentials of a treating physician, but found these corrections did not affect the ALJ's ultimate conclusions.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Donna E. Todd for injuries sustained when she slipped and fell while pulling a pallet jack on October 4, 2005, striking her left arm, tailbone, and back. The employee settled for permanent partial disability ratings of 60% for thoracic spine, 15% for coccyx, and 30% for left wrist, with a weekly compensation rate of $288.95.

The Commission affirmed the administrative law judge's decision denying the employee's workers' compensation claim, finding the employee failed to prove she sustained an accident as defined by Missouri law. The court disagreed with the ALJ's credibility determination, noting that the employee's testimony about lifting a box of bananas at work on June 3, 2003, was corroborated by employer documents and the employee's own actions of leaving work early.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for Robert Mahurin's low back injury sustained on December 15, 2005, during his employment at Washington University. The claimant was awarded 17% permanent partial disability previously paid by the employer, plus permanent and total disability benefits from the Second Injury Fund beginning September 1, 2007.