Filtered Decisions

The Commission affirmed the administrative law judge's award finding that the employee suffered a compensable occupational disease of bilateral carpal tunnel syndrome caused by repetitive typing at AT&T. The employer's liability for future medical treatment was upheld despite a deficiency in the notice of injury, as the employer was not prejudiced by the timing discrepancy.

The Missouri LIRC modified its March 9, 2011 temporary award regarding medical treatment for an employee's work-related bilateral upper extremities injury from repetitive computer work. The Commission reversed the administrative law judge's designation of a specific treating physician and instead awarded the employee the right to reasonable medical treatment as needed to cure and relieve the injury effects.

The Commission affirmed the ALJ's award of medical benefits for carpal tunnel syndrome in both upper extremities, finding that the employee's occupational exposure was the prevailing factor in causing the condition. The Commission clarified that under the 2005 amendments to Missouri Workers' Compensation Law, occupational disease compensation requires proving occupational exposure was the prevailing factor, not merely a substantial factor.

The Labor and Industrial Relations Commission reversed the Administrative Law Judge's award of compensation for bilateral carpal tunnel syndrome, finding that the employee failed to establish medical evidence of a direct causal connection between the condition and his employment. The Commission determined that without competent medical testimony establishing the occupational disease was work-related, the award was not supported by substantial evidence.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation to employee Darlana Jones for injuries sustained on March 1, 2001, arising out of her employment. The decision determined that the Second Injury Fund is liable for enhanced permanent partial or total disability benefits based on expert testimony that the employee is permanently totally disabled as a result of her work-related carpal tunnel syndrome combined with preexisting disabilities.

The Commission affirmed the administrative law judge's award allowing Second Injury Fund compensation for an employee with carpal tunnel syndrome in both wrists (15% permanent partial disability each) and significant preexisting disabilities in the shoulders and low back. The employee was entitled to 35.19 weeks of multiplicity compensation from the Second Injury Fund totaling $12,459.00.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Kathleen Elmore for repetitive trauma injury from computer keyboard data entry work. The Second Injury Fund was found liable for 40 weeks of compensation totaling $13,882.00.

The Missouri LIRC modified the administrative law judge's award to find that the employee is permanently and totally disabled due to a combination of her primary work-related bilateral cumulative trauma injuries to her wrists and elbows (treated with carpal tunnel releases) and multiple preexisting conditions (1987 low back injury, 2000 shoulder injury, 2004 foot injury). The Commission agreed with medical and vocational expert testimony that the employee cannot access the open labor market due to the synergistic effect of her combined disabilities, which create greater restriction than the sum of individual impairments.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Doris Dobbs for bilateral carpal tunnel syndrome developed as a result of her work activities at Jefferson Memorial Hospital. The employee was awarded $25,570.20 in total compensation, including temporary total disability, permanent partial disability, and disfigurement benefits.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Peggy King's right wrist, hand, and forearm conditions caused by over ten years of work with Dierberg's Markets, Inc. The Commission agreed that the employee's work was the prevailing factor in causing her occupational condition and upheld awards for temporary total disability, past medical expenses, permanent partial disability, and disfigurement benefits.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits, finding the employee failed to prove her bilateral carpal tunnel syndrome was an occupational disease arising from her employment. A dissenting opinion argued the ALJ improperly weighed evidence and that future medical care should have been awarded.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that a restaurant server's bilateral upper extremity complaints (wrists and hands) resulting from repetitive hand-intensive work were compensable occupational injuries. The case is designated as a temporary or partial award with proceedings kept open for further determination.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Stephanie Bosch for alleged carpal tunnel syndrome. 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 Missouri LIRC affirmed the administrative law judge's decision denying workers' compensation benefits to Michael Martin, a police dispatcher supervisor, for bilateral carpal tunnel syndrome and right cubital tunnel syndrome. One commissioner dissented, arguing the employee met his burden of proof regarding causation and should have been awarded medical expense reimbursement and disability benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding that Teresa Kitchen developed compensable carpal tunnel syndrome from hand-intensive work at Burger King. This is a temporary and partial award with the case kept open for final determination.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Ronald Michael's occupational disease involving repetitive trauma to both wrists sustained while working as a UPS driver. The case involved settlement with the employer/insurer and liability allocation to the Second Injury Fund for enhanced disability.

The Commission reversed the Administrative Law Judge's award of workers' compensation benefits to a nurse who contracted carpal tunnel syndrome, finding that the ALJ erred in holding Children's Mercy Hospital liable for an occupational disease claim. The Commission determined that liability in occupational disease cases depends on exposure to the hazard, not the date of accident, and that the last employer of exposure should bear responsibility.

The Commission affirmed the Administrative Law Judge's award of workers' compensation for Julie Fink's occupational disease claim for carpal tunnel syndrome developed through typing duties on June 7, 2006. The award of $38,196.50 for 104.63 weeks of permanent partial disability (25% each wrist, 15% load, and 4 weeks disfigurement) was found to be supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation for Emily Thomas's bilateral carpal tunnel syndrome, finding that proper notice was given to the employer on March 9, 2006, when the Division of Workers' Compensation sent confirmation of the claim. The decision clarified that the 30-day notice requirement begins from the date a diagnostician establishes a causal connection between the condition and work-related activity, not from initial diagnosis of the underlying medical condition.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Karen McCarthy for carpal tunnel syndrome. The Commission found that McCarthy failed to meet her burden of proving that her occupational disease arose out of and in the course of her employment, as her medical condition was not caused by work as the prevailing factor, given her significant non-occupational risk factors including diabetes, obesity, and high blood pressure.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to George Wolin, an audio technician who developed bilateral carpal tunnel syndrome allegedly from his work activities. The Court found that the injury did not arise out of and in the course of his employment and therefore was not compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that employee Shelli Talbert's repetitive strain injury to her right thumb while working as a customer service representative was a compensable occupational disease. The award is temporary or partial, with medical expenses of $2,516.51 paid to date and proceedings kept open for final determination of permanent disability benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Stephanie Meyer-Linquist, who developed right carpal tunnel syndrome and other injuries from repetitive keyboard work as a legal assistant. The employee was found to have a compensable occupational disease arising out of and in the course of her employment, with benefits awarded for temporary disability, medical expenses, and permanent partial disability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Richard M. Moeller for work-related carpal tunnel syndrome of the left wrist. A concurring dissent argued the employee should receive 25% permanent partial disability benefits rather than the 17.5% awarded by the administrative law judge.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits for occupational disease, finding that the employee failed to prove her work duties were the prevailing factor causing bilateral carpal tunnel syndrome and left cubital tunnel syndrome. The evidence showed that the employer's work did not expose the claimant to hazards causing these conditions.