Filtered workers' comp decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Robert Luster's bilateral carpal tunnel syndrome, rejecting the Second Injury Fund's argument that occupational diseases are excluded from triggering Second Injury Fund liability. The decision reaffirmed prior Commission precedent and cited recent Court of Appeals decisions supporting this interpretation of Missouri Workers' Compensation Law.

The Commission affirmed the Administrative Law Judge's award of workers' compensation for Charles Harris III, who developed bilateral carpal tunnel syndrome from repetitive use of his hands as a contractor. The Second Injury Fund was ordered to pay 21.53 weeks of permanent partial disability benefits totaling $8,712.33 for 15% permanent partial disability of both wrists.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing compensation for Barbara Magouirk's bilateral carpal tunnel syndrome developed from repetitive hand use in employment. The Commission rejected the Second Injury Fund's argument that occupational diseases are excluded from the definition of 'injury' for purposes of Second Injury Fund liability.

The Commission reversed the Administrative Law Judge's award and denied the employee's claim against the Second Injury Fund for permanent partial disability benefits related to bilateral carpal tunnel syndrome and ulnar neuropathy. The Commission found that the employee failed to meet his burden of proving he had reached maximum medical improvement with regard to the primary injury, making the Second Injury Fund liability determination improper.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Donald Moss, who developed left wrist carpal tunnel syndrome from 32 years of repetitive tool use. The Second Injury Fund was ordered to pay $27,592.45 for 65.235 weeks of permanent partial disability benefits at 23.6% disability rating.

The Labor and Industrial Relations Commission modified the administrative law judge's award, finding Dr. Strecker more credible than Dr. Schlafly regarding the diagnosis of cubital tunnel syndrome rather than carpal tunnel syndrome. The Commission determined that the medical evidence did not support the need for the recommended surgeries for carpal tunnel syndrome as originally awarded.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Kenneth Enderle for occupational disease claims. A dissenting opinion argued the employee's repetitive left-hand use as a forklift operator caused carpal tunnel syndrome and should have been compensable.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Nekesha Evans for alleged right hand carpal tunnel syndrome. The Commission found that the alleged occupational disease did not arise out of and in the course of employment, rendering it non-compensable under Missouri law.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Bonnie Tinker's right carpal tunnel syndrome, which developed from repetitive use of vibratory and pneumatic tools at Hussmann Corporation. The award included permanent partial disability benefits, temporary disability compensation, medical aid, and permanent total disability benefits from the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Michael Heisler for occupational diseases (right carpal tunnel and bilateral cubital tunnel syndrome) developed through repetitive work duties. The employee was awarded permanent partial disability benefits totaling 92 weeks, along with temporary disability compensation and medical aid previously paid by the employer.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Albert Newhouse's carpal tunnel syndrome, a repetitive motion injury. The Commission rejected the Second Injury Fund's argument that occupational diseases cannot trigger Second Injury Fund liability under Missouri workers' compensation law.

The Commission affirmed the administrative law judge's award allowing compensation for Stephen L. Green's carpal/cubital tunnel syndrome as a subsequent compensable injury. The Second Injury Fund's argument that occupational diseases cannot qualify as compensable injuries under the Second Injury Fund statute was rejected, as the statutory definition of injury includes occupational diseases where specifically provided.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Ann Shinkle for bilateral carpal tunnel syndrome and right lateral epicondylitis caused by repetitive motion work as a housekeeper. The award is temporary or partial and the case remains open for further proceedings and final determination.

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to Mary Grayson against the Second Injury Fund, finding that her hand and wrist injuries resulted from repetitive job duties. The employee developed pain and numbness in both hands requiring multiple finger and thumb release surgeries, and the medical evidence established the work-related injury as a substantial contributing factor to her permanent total disability.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Mitchel Freeman's bilateral carpal tunnel syndrome developed through repetitive hand tasks. The claimant was awarded permanent partial disability benefits at 20% of the right and left upper extremities, with a minor correction made to the calculation of preexisting disability weeks.

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.