Filtered workers' comp decisions

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to employee Jimmie Alston for a low back injury sustained on March 17, 2008, when he slipped in mud while carrying a ladder at work. The claimant was awarded 25% permanent partial disability benefits totaling $48,240.96 from both the employer/insurer and the Second Injury Fund.

The Commission affirmed the administrative law judge's award allowing workers' compensation to Tammy Stroud for a low back injury, finding the award supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law. The employee's claim for permanent total disability was evaluated in light of credibility concerns regarding her testimony about her functional abilities, though her account of the accident itself was found credible.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits for Kristine Gibbons, finding that her alleged low back injury while restraining a patient did not arise out of and in the course of employment. No compensation was awarded, and the Second Injury Fund claim was also denied due to the lack of a compensable primary injury.

The Commission affirmed the administrative law judge's award denying workers' compensation benefits to Jerome Ives for a work-related back injury sustained on April 19, 2006, while employed as a truck driver. The employee suffered a herniated disc at L4-5 requiring fusion surgery, but the award was denied despite expert testimony regarding permanent total disability and Second Injury Fund liability claims.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Elizabeth Garlock for a lumbar spine injury sustained on April 28, 2003 while lifting in the course of employment. The claimant was awarded permanent partial disability compensation of 31% of the body as a whole, with total benefits of $65,398.22 payable by the employer/insurer and Second Injury Fund.

The Commission affirmed the ALJ's award of workers' compensation benefits to an employee who fell at work on December 31, 2009, sustaining injuries to her left arm, shoulder, hip, and back. The employee was awarded past medical expenses, temporary total disability benefits, permanent partial disability benefits, and disfigurement compensation.

The Commission modified the ALJ's award regarding the Second Injury Fund's liability for an employee's work-related low back injury sustained when struck by a student. The employee's primary injury (12.5% PPD) combined with preexisting spinal kyphosis (20% PPD) and left knee disability (35% PPD), requiring recalculation of the Fund's enhanced liability obligation.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Michael Simpson for a low back injury sustained on July 12, 2007, while unloading and stacking metal sheets at Lyon Sheet Metal. The Commission approved total compensation of $27,560.99 for medical expenses, temporary total disability, and permanent partial disability benefits.

The Labor and Industrial Relations Commission modified the administrative law judge's April 17, 2012 award in a workers' compensation case involving Shirley Woodruff's compensable back injury sustained on July 11, 2007. The modification established that the employee's husband is entitled to receive permanent total disability benefits contingent upon remaining married to the employee and her predeceasing him.

The Commission affirmed the administrative law judge's award allowing compensation to employee Donna Bolerjack for a work-related low back injury, finding the award supported by competent and substantial evidence. The decision resolved disputes over medical expenses, disability nature and extent, and temporary total disability benefits by crediting the administrative law judge's determination regarding which medical expert provided more credible testimony on the employee's condition and maximum medical improvement.

The Commission affirmed that the employee sustained a compensable injury by accident on July 31, 2008, and modified the administrative law judge's award to clarify medical causation findings. The Commission found Dr. Amundson's opinion most credible regarding the employee's low back injury and disc herniation resulting from the workplace accident.

The Labor and Industrial Relations Commission modified the administrative law judge's award to include provisions for the employee's wife to receive Permanent Total Disability benefits in the event of the employee's death while married. The employee was struck and twisted by a forklift on June 3, 2008, causing injury to his low back and right lower extremity, with a settlement based on 25% permanent partial disability of the right knee and 2% of the body as a whole related to the back.

The Commission affirmed the Administrative Law Judge's award finding that employee Rosario Grado sustained a compensable back injury while lifting a gate in the course of employment on August 1, 2008. The employee was awarded 12.5% permanent partial disability through settlement with the employer and permanent total disability benefits from the Second Injury Fund.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Barbara Shupe for a work-related lumbar injury (herniated disc and piriformis syndrome) sustained on August 31, 2009. The Commission found the employee met her burden on medical causation, temporary total disability, and permanent partial disability benefits.

The Labor and Industrial Relations Commission reversed the administrative law judge's denial of compensation, finding that the denial was not supported by competent and substantial evidence. The employee, a 62-year-old laborer, sustained a work-related low back injury on July 25, 2006, while lifting a trash can, which was his fourth back injury, and sought permanent total disability benefits against the Second Injury Fund.

The Commission modified the administrative law judge's award, addressing the permanent partial disability claim for an L5-S1 disc herniation injury and clarifying rights of succession following the deaths of both the original employee and his widow. The case involved determination of disability status and eligibility for benefits under Missouri's Second Injury Fund provisions.

The Commission reversed the Administrative Law Judge's decision, finding that the employee met her burden of proving the December 21, 2007 workplace slip-and-fall accident was the prevailing factor in causing her low back medical condition and disability. The employee, a teacher's aide with prior back surgeries and injuries, is entitled to workers' compensation benefits for her resulting condition.

The Labor and Industrial Relations Commission modified the ALJ's award, allowing compensation for a back injury sustained on September 28, 2007, when the employee picked up a wooden pallet at work. The employee, who has not worked since June 2008 due to ongoing severe back pain and related conditions, appealed the denial of permanent total disability benefits.

The Commission modified the administrative law judge's award, finding the employee sustained a 40% permanent partial disability of the body as a whole referable to the low back and is permanently and totally disabled. The case involves disputes over liability between the employer and the Second Injury Fund for permanent total disability benefits, with the employee arguing the employer rather than the Fund should bear this liability.

The Commission affirmed the administrative law judge's award finding the employee permanently and totally disabled due to a combination of the work-related herniated disc injury and preexisting conditions. The Commission rejected the Second Injury Fund's argument that expert testimony should be excluded merely because experts declined to answer hypothetical questions about disability from the work injury alone.

The LIRC modified the ALJ's award to grant enhanced permanent partial disability benefits against the Second Injury Fund for an employee who injured her low back in December 2009 while assisting another nurse moving a patient. The employee, who was never released to return to work and experiences constant pain radiating to her hip and leg, sought permanent total disability benefits, with medical evidence attributing her restrictions to both her work-related back condition and fibromyalgia.

The Commission affirmed the administrative law judge's denial of the employee's workers' compensation claim, finding that the employee failed to establish a compensable accident. The employee's testimony regarding an alleged January 16, 2007 groin injury while picking up an engine head was found to be lacking in credibility due to numerous inconsistencies with medical records and contradicted by witness testimony from supervisors and coworkers.

The Commission reversed the ALJ's denial of workers' compensation benefits, finding that the employee did sustain a work-related accident involving a slip and twisting motion that caused a lower back strain. The Commission found that medical records and documentation, including post-accident drug testing and nursing assessments, supported the employee's claim of a work-related injury that the ALJ had overlooked or failed to properly consider.

The Labor and Industrial Relations Commission reversed the administrative law judge's award of workers' compensation benefits to employee Tiffany Meachum for a claimed work-related L5-S1 disc herniation on March 23, 2007. The Commission denied all compensation despite the ALJ's findings that the injury arose from work duties and caused permanent partial disability of 15% of the body as a whole.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Daphne Pennewell for a low back injury sustained on July 14, 2006, while leading a program for female high school athletes at Hannibal Regional Hospital. The employee was determined to be permanently and totally disabled and awarded permanent total disability benefits of $718.87 per week for life, along with ongoing medical care.