OTT LAW

Filtered Decisions

288 decisions matching filters

Bea v. Irvinbilt Company(2008)

January 16, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for William Bea's lower back injury sustained on November 26, 2001, while reaching to pick up materials at work. The Commission approved permanent total disability benefits of $409.33 per week along with medical compensation and temporary disability payments totaling $77,652.33.

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Gierer v. Bank of America(2008)

January 4, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Susan Gierer for a low back injury sustained on October 22, 2003. One dissenting member disagreed with the permanent partial disability percentage, arguing it should be increased from 12.5% to 20% based on the employee's testimony regarding pain and functional limitations.

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Billingslea v. Wal-Mart Stores, Inc.(2008)

January 2, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Lois Billingslea for a low back injury sustained on September 26, 2003, while lifting a pallet onto a shopping cart at a Wal-Mart store in Branson West, Missouri. The employee was awarded compensation of $4,546.20 for 5 percent permanent partial disability to the body as a whole (20 weeks), with $5,714.67 in medical expenses already paid by the insurer.

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Gregory v. Detroit Tool & Engineering(2007)

December 21, 2007

modified

The Labor and Industrial Relations Commission modified the administrative law judge's award, which had granted permanent total disability benefits and future medical care for an employee injured in a June 19, 1998 workplace accident affecting his lower extremities and sacral area. The employer/insurer challenged the award, arguing that only permanent partial disability was supported by competent and substantial evidence.

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Hillis v. City of Cape Girardeau(2007)

December 7, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for James Hillis's alleged low back injuries from October 2002 and January 2003. The Commission found that the injuries did not arise out of and in the course of employment, and the employee's claims against the employer were settled by compromise settlement agreement prior to hearing.

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Zilic v. SBI, Inc. aka Schroeder & Tremayne, Inc.(2007)

December 4, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Slobodanka Zilic for injuries sustained on January 22, 2003, when she twisted, slipped and fell while moving a box at work. The claimant was awarded permanent partial disability compensation for injuries to her left elbow (25%), left knee (25%), and low back (12.5%), plus a 10% multiplicity load factor.

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Purdy v. Borden, Inc.(2007)

November 15, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Gary Purdy's low back injury sustained on November 17, 1999 while shoveling mud at work. Although the injury was deemed compensable, no lost-time compensation was awarded as the employee experienced no lost time from work.

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Gamet v. Dollar General Corporation(2007)

November 13, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that Jason Gamet's back injury sustained while bending to pick up an empty pallet on July 8, 2006, was compensable under Missouri workers' compensation law. The award is temporary or partial, with the case remaining open for further proceedings to determine final compensation.

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Viles v. QuikTrip Corporation(2007)

November 8, 2007

affirmed

The LIRC affirmed the administrative law judge's decision denying workers' compensation benefits to Renee Viles for low back injuries allegedly caused by repetitive bending, lifting, and turning at work. The court found that the injury did not arise out of and in the course of employment, and no compensable injury or occupational disease was established.

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Idol v. Zimmer Companies, Inc.(2007)

November 2, 2007

affirmed

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for a claimant who slipped and fell from a ladder on February 22, 2000, sustaining a low back injury with 27.5% permanent whole body disability. The Second Injury Fund was found liable for $8,181.27 in benefits.

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Bock v. Broadway Ford Truck Sales, Inc.(2007)

October 29, 2007

modified

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award allowing workers' compensation for Charles W. Bock's work-related back injury and occupational disease sustained on April 23, 1998. The decision addresses medical necessity, causal relationship to the work injury, medical expenses, and permanent partial disability benefits following remand from the Missouri Court of Appeals.

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Talbert v. Curators of University of Missouri(2007)

October 18, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for an employee injured on July 17, 2003, while performing work involving concrete cutting and hammering. One member filed a separate opinion concurring in part and dissenting in part, disagreeing with the allowance of permanent partial disability benefits for bilateral shoulder impingement syndrome, arguing the injury was not work-related.

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Cozart v. St. Louis Public Schools(2007)

October 10, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Earl Cozart for an alleged fall while taking inventory at work on August 11, 2003. The Commission found that the injury did not arise out of and in the course of employment, thus making it non-compensable under Missouri workers' compensation law.

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Watson v. Ameristar Hotels and Resorts(2007)

October 5, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Dwight Watson for a low back injury sustained on October 16, 2000, while lifting chafing pans at his employer's hotel. The Commission approved permanent total disability benefits beginning July 13, 2005, and continuing for the claimant's lifetime, along with medical aid and temporary disability compensation already paid.

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James v. GGNSC Dexter LLC(2007)

September 25, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Brenda James for an alleged back injury on June 12, 2006. The Commission found that the employee failed to establish that an accident or occupational disease occurred that arose out of and in the course of employment.

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Garth v. Dillon Companies, Inc.(2007)

September 24, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to James Garth for a lower back injury sustained on September 15, 2002, while loading product at his workplace. The employee was awarded 15% permanent partial disability of the body as a whole, and the Commission rejected the employer's motion to dismiss.

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Woodfin v. Safety Construction Company(2007)

September 21, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Keith Woodfin for an alleged low back injury sustained on February 18, 2002, while lifting a concrete barrier. The Commission found that the injury did not arise out of and in the course of employment and therefore was not compensable under Missouri workers' compensation law.

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Antunez v. Propipe Corporation(2007)

September 19, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation to Jose Antunez for a work-related back injury sustained on February 8, 2003 at Propipe Corporation. The Commission approved the award of 35% permanent partial disability of the body as a whole referable to the low back, though one commissioner dissented, arguing for permanent total disability benefits instead.

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Farmer v. Advanced Circuitry Division of Litton(2007)

September 19, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Wanda Farmer's January 29, 1983 workplace injury. One commission member filed a dissenting opinion arguing that future medical care should be denied, as subsequent treatment was attributable to separate injuries rather than the 1983 injury.

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Allison v. Stephen Vincel Honda(2007)

September 19, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Kenneth Allison's work-related injury on January 29, 2004, in St. Louis County, Missouri. The claimant sustained injuries to both knees and low back from a fall and was awarded permanent total disability benefits with the Second Injury Fund providing ongoing compensation.

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Bleckman v. Jefferson Products Company(2007)

September 14, 2007

affirmed

The Commission affirmed the Administrative Law Judge's award allowing compensation for permanent partial disability to claimant Allen H. Bleckman, who sustained a work injury on December 14, 1999. The decision was based on stipulations between the parties that permanent partial disability was the only issue to be resolved.

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Gonzalez v. Miller Construction & Contracting Company(2007)

September 12, 2007

affirmed

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Jesus Gonzalez for a back injury sustained on May 29, 2001, when doors fell on him while working. The claimant was awarded 140 weeks of permanent partial disability compensation totaling $38,996.40, with 35% permanent disability at the level of the body.

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Meyers v. Wildcat Materials, Inc.(2007)

September 11, 2007

modified

The Commission modified the administrative law judge's decision to award the employee future medical care and treatment for his back injury sustained on January 2, 2004. The Commission found that competent medical testimony from Dr. Crabtree established a reasonable probability of need for future medical treatment, including possible spinal fusion surgery, contrary to the judge's determination that the evidence was too speculative.

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Lacy v. Federal Mogul(2007)

September 10, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Doris Lacy for injuries claimed to arise from a May 17, 2001 slip and fall accident, finding insufficient evidence that her cervical and lumbar conditions resulted from the work-related injury. A dissenting opinion argued that medical records and injury reports corroborated the employee's consistent reporting of neck and back pain following the accident and that she should be found credible.

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Stewart v. J. B. Hunt Transport, Inc.(2007)

August 30, 2007

affirmed

The LIRC affirmed the administrative law judge's award denying compensation in a workers' compensation case where employee Kenneth Stewart claimed a back injury while attempting to free his tractor trailer on July 5, 2003. The claimant failed to sustain his burden of proof that the injury arose out of and in the course of employment, resulting in no benefits awarded.

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