Filtered workers' comp decisions

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to Doug Nord for an alleged low back injury sustained from repetitive use and traumatic impact while riding in fire trucks on March 31, 2006. The case was determined not to constitute a compensable injury under Missouri law, with no accident or occupational disease found to have occurred in the course of employment.

The Commission reversed the Administrative Law Judge's award of permanent total disability, finding that the Second Injury Fund was not liable because the employee's disability resulted primarily from the work-related low back injury alone, not from a combination of the primary injury and preexisting left shoulder condition. The employee suffered a disk herniation at L4-5 from lifting a mattress and subsequently underwent multiple spinal surgeries, resulting in severe pain and significant functional limitations.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Alfred Mallot's low back injury sustained on January 6, 2009, while loading pipe. The Second Injury Fund was held liable for lifetime weekly differential payments of $320 per week after an initial 50-week period beginning May 7, 2009.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Mohamed El Karanchawy for an alleged back and abdominal injury sustained while lifting boxes at work. The Commission found that the injury did not arise out of and in the course of employment, making it non-compensable under Missouri workers' compensation law.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Tommy Mittenburg for an alleged back injury on December 14-16, 2009. The denial was based on findings that the employee did not sustain an accident and failed to comply with statutory written notice requirements.

The Commission affirmed the administrative law judge's award denying workers' compensation benefits, finding that the employee failed to prove a work-related lower back injury on September 24, 2009. The employee's own medical expert testified that any lumbar injury occurred on a later date (November 9, 2009), not from the alleged September 24, 2009 accident.

The Commission reversed the Administrative Law Judge's award of workers' compensation benefits to employee Tommy Mittenburg for a work-related back injury sustained on September 3, 2010. The case involved disputed issues regarding whether the accident was compensable, notice requirements, and causation of the L4-5 lumbar condition.

The Commission affirmed the Administrative Law Judge's award of permanent total disability compensation to Sandra Roberts for a compensable low back injury sustained on December 21, 2004, when she was struck by a rack while tying electrical boxes. The employee was awarded ongoing medical benefits and temporary total disability compensation already paid, with the Second Injury Fund found to have no liability.

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to Richard Grill for a low back injury sustained while lifting a 55-gallon drum of glue on February 16, 2004. The Second Injury Fund was held liable for permanent total disability compensation with a 35% permanent partial disability rating of the body as a whole referable to the low back.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Rita Schroeder Hall for a back injury sustained on February 27, 2004, finding that the employee failed to satisfy statutory notice requirements. A dissenting opinion argued the employer received actual notice of the work-related injury within thirty days and was not prejudiced by the lack of written notice.

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits for an employee who slipped and fell, injuring his lower back on December 28, 2007. The Second Injury Fund was found liable for permanent total disability compensation with an average weekly wage of $3,000.00.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Violet Lawrence for a low back injury sustained on March 27, 2008, while employed at Modine Manufacturing in Camdenton, Missouri. The claimant was awarded medical expenses, temporary disability, and permanent partial disability compensation totaling $157,322.71 plus future medical requirements.

The Commission affirmed the Administrative Law Judge's award of 12.5% permanent partial disability for a lumbar spine injury, finding the ALJ properly considered the evidence and did not substitute his own opinion for expert testimony. The employee's claim for permanent total disability benefits against the Second Injury Fund was denied because she failed to prove her inability to compete in the open labor market was solely due to the primary injury combined with preexisting disabilities, as the vocational expert's opinion improperly considered subsequent injuries occurring after the primary injury date.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Steven Polkinghorne for a back injury sustained on March 1, 2007, while working on a retention pond. The majority found the ALJ's award supported by competent evidence, though a dissenting opinion argued the work activities were the prevailing factor in causing the employee's lumbar disc herniations.

The Commission modified the administrative law judge's award, finding that the employee sustained a work-related back injury in January 2006 with 20% permanent partial disability, and that an intervening injury in June 2006 broke the chain of medical causation for additional compensation. The Commission rejected the ALJ's unsupported finding of preexisting disability and determined medical causation based on credibility findings favoring employer's medical experts over employee's experts.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Francisco Gomez for a low back injury sustained on August 25, 1998, while removing a motor as a machine operator. The award includes 100 weeks of permanent partial disability compensation at $294.73 per week, totaling $29,473, plus previously paid temporary disability benefits of $21,318.21.

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to Francisco Gomez for an upper back injury sustained on January 1, 1998, while working as a machine operator at Output Technologies. Although the injury was found to be compensable and work-related, no compensation was awarded.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Everett Mitchell for an alleged lifting incident on March 13, 2008. The decision found no medical causal relationship between the lifting incident and the employee's spinal condition, with the orthopedic surgeon's opinion that the incident was not the prevailing factor in causing the current spine condition.

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to employee Harry Bell for a low back injury sustained on September 23, 1999, while lifting a 50-pound bucket at work. The decision found that the employee's permanent total disability resulted from the combined effects of the primary lumbar spine injury and preexisting cervical spine and depression conditions, making the Second Injury Fund liable for benefits.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Neva Vance for a low back injury sustained while moving a patient on November 4, 2004, despite finding the injury was compensable under Missouri law. Although the injury arose out of and in the course of employment and met all procedural requirements, no permanent disability was found to warrant compensation.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Jeffrey Hampton for a back injury sustained on February 10, 2005, when a patio door was dropped while he was lifting it with a coworker. The employee was awarded 10% permanent disability with compensation for temporary total disability and permanent partial disability benefits.

The Commission modified the ALJ's award regarding a lower back injury sustained by employee Connie Johnson on October 9, 2005, while lifting a table at work. The decision addresses the extent of permanent partial disability and medical benefits based on medical evidence showing significant improvement and maximum medical improvement reached in May 2006.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Stanley Chubb's lumbar spine injury sustained in a work accident on August 7, 2003. The Commission found the administrative law judge's decision 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 benefits to Nelson Gibler for a work-related injury on May 22, 2000, while addressing Second Injury Fund liability issues. The decision determined that while the employee had preexisting low back pain and depression, these conditions did not constitute disability sufficient to trigger Second Injury Fund liability for enhanced benefits.

The Commission reversed the Administrative Law Judge's denial of workers' compensation benefits for a May 4, 2001 lower back reinjury, finding that the employee sustained 5% permanent partial disability attributable to that injury based on independent medical evaluation. The Commission found Dr. Swaim's medical opinions more credible than the treating physician's, as he provided thorough apportionment of disability between the two separate back injuries.