Filtered Decisions

The Commission affirmed the Administrative Law Judge's award granting compensation to machine operator Gina Bommarito for carpal tunnel syndrome in her left wrist sustained on February 15, 2005. The claimant was awarded 20% permanent partial disability benefits and lifetime compensation through the Second Injury Fund.

The Commission affirmed the denial of compensation for a claim of work-related bilateral carpal tunnel syndrome alleged to have occurred through January 29, 2007, finding it was the same medical condition for which the employee was diagnosed and treated in 2004. Because the employee failed to establish a new and distinct injury caused by repetitive trauma through the alleged 2007 date, the claim was denied.

The Commission affirmed the administrative law judge's award of workers' compensation to Sabrina L. Fisher for bilateral carpal tunnel syndrome sustained during her employment at Bristol Care, Inc. One commissioner filed a concurring dissent arguing the permanent partial disability percentage should be increased from 8% to 20% for the right wrist and 10% for the left wrist with a load factor.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Lisa Marcinkiewicz for carpal tunnel syndrome developed while performing clerical work. The employee was awarded 65.35 weeks of permanent partial disability compensation at a rate of $89.74 per week, with 17.5% disability rating for each wrist.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Kirk Porter for a repetitive strain injury to his right wrist and hand sustained on April 5, 2004, while employed by Johnson Controls, Inc. The employee was awarded 10% permanent partial disability of the right hand at the 175 week level plus unpaid medical expenses totaling $5,413.99.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Joan Marsek for bilateral CMC joint arthritis and de Quervain's condition of the thumbs and wrists sustained in an October 23, 1998 work accident. One dissenting member argued the decision should be modified, contending the work accident was a substantial factor in causing the employee's symptoms, as she experienced no prior symptoms before the accident.

The Commission affirmed the administrative law judge's decision awarding no compensation in this workers' compensation case involving a steel worker's carpal tunnel syndrome claim. Although the injury was found to be compensable and arose out of employment, no benefits were awarded, with the Second Injury Fund liability remaining open.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Richard Bays for an alleged occupational disease claim. A dissenting opinion argued the employee presented sufficient evidence of work-related carpal tunnel syndrome with causal connection to workplace conditions, but the majority found the employee failed to meet the burden of proof.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award, finding that Landmark Erectors was liable for the employee's occupational disease (carpal tunnel) under the Last Exposure Rule, as the employee was last exposed to the hazard on September 6, 2006, when disability became evident. The exception to the Last Exposure Rule for repetitive motion injuries of less than three months' duration was found inapplicable to this case.

The Commission affirmed the administrative law judge's award finding that the employee suffered from occupational disease (bilateral carpal tunnel syndrome) causally related to work at VTG Holding, Inc., which was the substantial contributing factor. The Commission rejected the employer's argument that subsequent self-employment should be considered as a hazardous exposure, finding the employee was not actually self-employed during the relevant period.

The Commission affirmed the administrative law judge's denial of workers' compensation benefits, finding that the employee failed to establish a causal connection between her upper extremity complaints and her work duties, as there was no objective medical evidence supporting the claim. Expert medical opinions from Dr. Rotman and Dr. Brown concluded that the employee's subjective complaints were not substantially related to her work at True Manufacturing.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits to employee Yolanda Bridges for alleged occupational disease (bilateral carpal tunnel syndrome). The Commission found that the employee failed to establish that her job duties as a guest services representative were the prevailing factor in developing her condition.

The Commission affirmed the Administrative Law Judge's award denying all workers' compensation benefits, finding that the employee's alleged carpal tunnel syndrome from loading and unloading portable toilets was not a compensable injury under Missouri workers' compensation law. No compensation, medical benefits, or Second Injury Fund liability were awarded.

The Commission affirmed the Administrative Law Judge's award of workers' compensation to Debbie Maher for a compensable occupational disease of the hands and wrists caused by repetitive typing/keyboarding in awkward positions. The employee was awarded $18,931.66 in permanent partial disability compensation for 17.5% left wrist, 15% right wrist, 10% multiplicity, and two weeks disfigurement.

The Missouri Court of Appeals reversed the initial LIRC decision and remanded the case, directing the Commission to award permanent total disability benefits to employee Debra Highley for bilateral carpal tunnel syndrome combined with multiple pre-existing conditions. The Commission issued this final award granting permanent total disability compensation against the Second Injury Fund at a rate of $504.75 weekly, finding the employee unable to sustain work in the open labor market.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Geneva Sellers for occupational disease (cubital and carpal tunnel syndrome) sustained on May 19, 2003, while performing job duties. The claimant was awarded permanent partial disability benefits, unpaid medical expenses of $18,150.80, and temporary disability compensation.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for an occupational disease claim. The employee sustained a 15% permanent partial disability in both hands and wrists from repetitive use of hands and wrists performing job duties, with the Commission finding the award supported by competent and substantial evidence.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Brenda K. Boyer for a work-related injury to her bilateral wrists and hands caused by repetitive hand motions. The claimant was awarded permanent partial disability compensation of $27,261.85 with a 20% bilateral upper extremity rating, with the Second Injury Fund liable for a portion of weekly differential benefits.

The Missouri LIRC affirmed the administrative law judge's decision denying workers' compensation benefits for an alleged occupational disease of right bilateral carpal tunnel syndrome. The Commission concluded that the employee failed to provide substantial and competent evidence that the carpal tunnel syndrome was attributable to an occupational disease arising out of his employment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation to Melanie Days for carpal tunnel syndrome claimed as an occupational disease. The majority found the employee failed to prove the condition was work-related, though a dissenting opinion argued the evidence from employee's medical experts should have been credited over the employer's expert testimony.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Ronald Ford's bilateral carpal tunnel syndrome contracted on June 30, 2004, while employed by Ameren UE. The claimant was awarded permanent partial disability compensation of 17.5% for each wrist with a 10% multiplicity factor, along with medical expense coverage under a hold harmless agreement.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Wendy Hagan, finding that her neck, arm, and hand conditions (including carpal tunnel syndrome and cervical spondylitic radiopathy) were not caused by her keystroke and other work duties. Medical expert Dr. Goldfarb testified that employee's multiple inflammatory conditions, cervical spine disease, and obesity were more likely risk factors than her job duties, and her symptoms did not improve even during extended time away from work.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Randy Daugherty's bilateral carpal tunnel syndrome sustained on October 19, 2005, arising from repetitive hand use in his employment. The claimant was awarded $23,365.12 in total compensation for a 15 percent permanent partial disability, plus temporary disability payments and disfigurement benefits.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for Tanya Willis-Livers, who developed carpal tunnel syndrome in both wrists from data entry work on January 7, 2003. The employee was awarded compensation for unpaid medical expenses ($10,867), temporary disability benefits ($6,749.99), and permanent partial disability benefits ($23,958.05) based on a 17.5% disability rating per wrist plus a 15% multiplicity factor.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation to Julia Hines for bilateral carpal tunnel syndrome caused by repetitive data entry work as a Customer Service Representative. The claimant was awarded $38,438.45 in total compensation including unpaid medical expenses, temporary total disability, and permanent partial disability benefits.