OTT LAW

Filtered Decisions

288 decisions matching filters

Leavitt v. Borders Group, Inc.(2008)

October 1, 2008

reversed

The Commission reversed the administrative law judge's decision denying further medical treatment and past medical expenses, finding that the employee was entitled to ongoing treatment related to her July 16, 2005 work injury. The Commission determined that the employee's need for further medical care was medically causally related to the work injury and awarded past medical expenses of $527.15.

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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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Zeigler v. J. E. Dunn Construction Company(2008)

September 11, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision awarding no compensation in this workers' compensation case involving a 2004 back injury claim against the Second Injury Fund. The case centered on whether the employee's preexisting 1996 back injury constituted a serious enough permanent partial disability to constitute a hindrance to employment, which the ALJ found it did not.

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Hazen v. City of Kirksville(2008)

September 9, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to William Hazen for a low back injury sustained on October 15, 2003, while assisting in moving a 12-foot log. The employee was awarded 10% permanent partial disability of the body as a whole, with temporary disability compensation of $5,637.14 and medical aid valued at $24,562.00 already paid by the self-insured employer.

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Harmon v. Best Buy(2008)

September 2, 2008

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation benefits to David Harmon for a low back injury sustained on May 11, 2004, while moving a television at Best Buy. The employee was awarded 30 weeks of permanent partial disability compensation at $230.35 per week, plus medical expenses totaling $17,222.00.

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Long v. Herzog Contracting Corporation(2008)

August 19, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Bryan R. Long for a back injury sustained on August 14, 2004, when he slipped and fell while carrying a 125-pound battery. The claimant was found to be permanently totally disabled and entitled to compensation benefits, with medical expenses of $129,367.41 already paid by the insurer.

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Reeks v. Blue Bayou Motor Inn(2008)

July 31, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Darline Reeks for a low back injury sustained on February 16, 2005, while moving a dresser during housekeeping duties. The employee was awarded 20 weeks of permanent partial disability compensation at $140.01 per week, totaling $2,800.20, with 5% permanent disability rating.

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Allcorn v. Tap Enterprises, Inc.(2008)

July 25, 2008#06-110840

affirmed

The Commission affirmed the Administrative Law Judge's award denying compensation to Allen Alcorn for an alleged occupational back injury from repetitive heavy lifting. The case hinged on whether newly amended workers' compensation notice requirements should be applied retroactively to bar the employee's claim.

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Allen v. Luther Manor Retirement & Nursing Center; Quality Inn/Hannibal Area Hotel Group(2008)

July 24, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Cheri Allen's neck/shoulder injury sustained on May 14, 2004, while employed at Luther Manor Retirement & Nursing Center and Quality Inn/Hannibal Area Hotel Group. The injury resulted from repetitive motion activities including pushing, pulling, bending, lifting, and cleaning, with permanent disability assessed at 17.5% body as a whole.

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Jackson v. Krispy Kreme(2008)

July 11, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Jerri Jackson for a back injury sustained on October 16, 1999, while carrying a 50-pound bag of yeast at a Krispy Kreme facility in St. Louis County. The decision awarded compensation for temporary disability, permanent partial disability (47.5% for low back and 7.5% psychiatric), and approved necessary medical aid totaling $128,278.33.

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Johnson v. Indiana Western Express, Inc. (IWX)(2008)

July 9, 2008

affirmed

The Missouri LIRC affirmed the Administrative Law Judge's award denying compensation to employee Jack Johnson for an alleged back injury from February 9, 2006. Commissioner Hickey filed a dissenting opinion arguing the employee met the burden of proof that the accident was the prevailing factor in causing his back condition and disability.

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Hicks v. Wire Rope Corporation of America(2008)

July 3, 2008

modified

The Commission modified the administrative law judge's award regarding past medical expenses in a workers' compensation case, reducing the award from $35,789.24 to $32,697.58. The modification excluded medical expenses lacking supporting documentation in the record while affirming expenses related to Dr. MacMillan's treatment, including an L5-S1 lumbar interbody fusion performed on June 3, 2005.

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Whitehead v. McArthur's Party Cake Bakery, Inc.(2008)

June 17, 2008

affirmed

The Commission affirmed the administrative law judge's decision that the employee's alleged back injury from pulling bags of trash did not arise out of and in the course of employment and therefore was not compensable. No workers' compensation benefits were awarded in this case.

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Harris v. Laidlaw Transit(2008)

June 17, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Michael Harris for injuries sustained when his chair broke while seated at his employer's headquarters on October 18, 2004. Despite finding that an accident occurred during employment, the Commission determined the injury was not compensable under Missouri Workers' Compensation law.

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Hicks v. Wire Rope Corporation of America(2008)

June 12, 2008

modified

The Commission modified the administrative law judge's award of past medical expenses, reducing the amount from $35,789.24 to $32,697.58 by excluding medical bills not supported by evidence in the record. The Commission affirmed that the employee's treatment, including an L5-S1 lumbar interbody fusion, was causally related to the work injury and that the employer/insurer failed to prove the medical expenses were unreasonable.

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Blackerby v. Rocky Ridge Construction(2008)

March 10, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to employee Jamey Blackerby for a back injury sustained on August 4, 2005, when a coworker dropped a beam during a lifting operation. The claimant was determined to have permanent and total disability with compensation for unpaid medical expenses and temporary total disability benefits.

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Hampson v. ABC Atlas Van Lines(2008)

March 6, 2008

affirmed

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Robert Hampson for a work-related back injury to the lumbar spine sustained on June 19, 2002, when he was struck by a pickup truck while assisting a coworker. The employee was awarded $79,060.80 representing 60% permanent partial disability of the body as a whole referable to the lumbar spine.

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Patterson v. SDS Builders(2008)

March 3, 2008

affirmed

The Commission affirmed the Administrative Law Judge's award finding the employee permanently and totally disabled from a work-related back condition sustained on November 3, 2000. The Commission denied the employee's request for reimbursement of past medical expenses from unauthorized treatment, finding the treatment was not medically necessary to cure and relieve the effects of the work injury.

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Peery v. Mid Continent Industrial(2008)

February 25, 2008

affirmed

The Commission affirmed the Administrative Law Judge's award denying compensation in this workers' compensation case involving a low back injury from a slip and fall accident on July 12, 2004. Although the injury was found to be compensable and arose out of employment, no permanent disability was determined, resulting in no compensation being awarded despite temporary disability payments already made.

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Wheeler v. Tracker Marine LLC(2008)

February 22, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for John R. Wheeler's back injury sustained while lifting a boat hull on August 7, 2001. The claimant was awarded 30 percent permanent partial disability to the body as a whole and temporary total disability compensation of 45 3/7 weeks.

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Courtney v. Skaggs Community Hospital(2008)

February 14, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Jerri Courtney for a low back injury sustained on September 20, 2005, while performing a four-man patient lift at Skaggs Community Hospital. The employee was awarded $29,910.35 in total compensation including unpaid medical expenses, temporary disability benefits, and permanent partial disability benefits for 15 percent body as a whole disability.

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Nyberg v. Ford Motor Company(2008)

February 13, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Diane Nyberg for a back and coccyx injury sustained on April 1, 2001, when she slipped on a foreign substance on an assembly line floor at Ford Motor Company's Claycomo facility. The Commission found the employee permanently and totally disabled and awarded ongoing permanent total disability benefits beginning February 15, 2003.

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Taylor v. Ballard RII School District(2008)

February 1, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Glennda Taylor (deceased), whose surviving spouse Marvin Taylor is the claimant, for a low back injury sustained while driving a school bus on December 19, 2003. The employee was found to have permanent total disability beginning January 29, 2004, with compensation payable at $210.85 per week plus unpaid medical expenses of $49,400.37.

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Nelson v. R & R Trucking(2008)

January 31, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to James Nelson for a back and left hip injury sustained on June 11, 2003, while hauling a military load of ordinance. The Commission awarded permanent total disability benefits of $300.81 per week for the claimant's lifetime, along with future medical benefits.

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Stephens v. St. Louis County Board of Education, Special School District of St. Louis(2008)

January 18, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation to Virginia Stephens for a work-related injury sustained on November 24, 1999. One dissenting member argued the decision should be modified to increase the permanent partial disability award from 15% to 40% and to include past medical expenses for a corpectomy procedure.

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