Filtered workers' comp decisions

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Kenneth Adams (deceased, represented by Brenda Adams) for a low back injury sustained on May 30, 2002, while lifting heavy doors at McBride & Son Enterprises. The total compensation awarded was $141,877.87, including unpaid medical expenses, temporary total disability benefits, and permanent partial disability benefits of 30% of the body as a whole referable to the low back.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for an employee who suffered a low back and femoral hernia injury when a tarp tore while attempting to cover a sand load on his trailer on February 17, 2003. The employee was awarded 12.5% permanent partial disability to the body as a whole, 50 weeks of permanent partial disability compensation at $340.12 per week, and additional temporary total disability compensation.

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 reversed the administrative law judge's award of workers' compensation to Christina Alcorn, a paraprofessional educator who claimed a back injury sustained while lifting a seizing student from bleachers on November 11, 2003. The reversal was based on the employee's failure to provide written notice of the injury within thirty days as required by Missouri statute, with the Commission finding insufficient evidence that the employer was not prejudiced by the delayed notice.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that Mark Alcorn's back injury sustained while driving a dump truck at a road construction site on June 3, 2005, was compensable under Missouri workers' compensation law. The Commission determined all elements of compensability were satisfied and the claim was properly filed, awarding temporary total disability benefits and necessary medical expenses.

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.

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.

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.

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 Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying all workers' compensation benefits to employee Michael Altman for an alleged back injury sustained while picking up a concrete form. 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.

The Commission modified the administrative law judge's award to include permanent partial psychiatric disability benefits of 5% of the body as a whole, finding that the employee sustained a compensable mental injury causally related to her work-related back injury. The employee was awarded an additional $4,295.00 in psychiatric disability compensation based on credible medical evidence establishing the connection between her back pain and adjustment disorder.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for Cordia Anderson's back injury sustained on September 24, 2002, while dumping a 55-gallon drum. The injury was found to be compensable under Missouri law with permanent total disability benefits awarded.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to James Andrews for a work-related injury sustained on March 11, 2004, when he fell into a fish pond while fighting a fire. The employee was awarded 12-1/2% permanent partial disability compensation totaling $29,221.61, with the employer and Second Injury Fund sharing liability.

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.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Edward Arnold for a low back injury sustained on July 6, 2003 while moving equipment in a warehouse, finding no permanent disability resulted from the compensable injury. Although the injury was found to arise out of and in the course of employment, no compensation was awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Larry D. Balch for a low back injury sustained on March 20, 2001, while lifting hoses for an air compressor. The employee was awarded 120 weeks of permanent partial disability compensation totaling $37,711.20, with medical benefits of $247,719.45 already paid by the insurer.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits for Christopher Baldwin's alleged lower back injury from October 31, 2004. 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 for Keith Bales, who alleged a slip and fall injury on a wet floor in a power plant on May 9, 2003. The claim was denied as the injury was determined not to be compensable under Missouri workers' compensation law.

The Commission affirmed the administrative law judge's award finding the employee permanently and totally disabled as a result of an April 2011 slip and fall injury at the employer's cafeteria. The Commission clarified that while some disability components relate to preexisting conditions, the April 2011 injury alone is sufficient to render the employee permanently and totally disabled.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to employee Lester Barker for a lumbar spine injury sustained on April 5, 2010, while lifting and twisting large drain pipes at work. The employee was found to be permanently and totally disabled due to permanent work restrictions from the back injury combined with illiteracy, entitling him to ongoing compensation and future medical care.

The Commission modified the Administrative Law Judge's award regarding the nature and extent of employer's liability for permanent disability resulting from a November 11, 2009 work injury causing herniated discs at L4-5 and L5-S1. The Commission affirmed causality findings and medical expense liability but modified the disability compensation determinations and Second Injury Fund liability.

The Commission affirmed the administrative law judge's award requiring the employer to provide future medical treatment for the employee's work-related low back injury and radicular symptoms, including medications, physical therapy, and pain clinic procedures as recommended by medical experts. The Commission rejected the employer's argument that medical treatment decisions should be left solely to the employer's selected physicians, finding sufficient evidence that the recommended treatments may reasonably be required to cure and relieve the effects of the injury.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Larry Barrett for a compensable injury to his right hip and lumbar spine sustained on November 10, 2016. The Commission approved permanent partial disability compensation of $24,367.70 based on 15% right hip and 5% body disability referable to the lumbar spine.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation to Mark Barrientos, finding he failed to prove he sustained a compensable accident as defined by Missouri law. The Commission clarified that while repetitive lifting during a single work shift could constitute an accident, the employee did not meet the burden of proof in this case.

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.