OTT LAW

Filtered Decisions

76 decisions matching filters

Highley v. Von Weise Gear(2007)

July 19, 2007

affirmed

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation for Debra Highley's repetitive use injury to both wrists sustained on December 16, 2003, while employed at Von Weise Gear. The employee was awarded 87.6 weeks of permanent partial disability compensation at $347.05 per week from the Second Injury Fund, totaling $30,401.58.

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Weaver v. Taco Bell(2007)

May 31, 2007

affirmed

The Missouri LIRC affirmed the Administrative Law Judge's award in a workers' compensation case for Stephanie Weaver, who developed bilateral hand complaints from repetitive hand-intensive work as a food line worker and cleaning captain. The injury was found compensable under Missouri law, and the case was kept open for further proceedings pending a final award.

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Garner v. Friendship Village of South County(2007)

April 4, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that employee Theresa Garner sustained a compensable occupational disease to both wrists from repetitive hand use as a housekeeper on November 11, 2004. Medical treatment benefits were awarded, though the award is temporary/partial and proceedings remain open for final determination.

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Johnston v. Hussmann Corporation(2007)

March 15, 2007

reversed

The Commission reversed the administrative law judge's denial of workers' compensation benefits, finding that the employer was the last employer to expose the employee to the hazard causing bilateral carpal tunnel syndrome. Under the last exposure rule, the employer is liable for benefits for this occupational disease that arose out of and in the course of the employee's employment as a material handler.

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Lane v. AmerenUE (a/k/a Union Electric)(2007)

March 5, 2007

affirmed

The Commission affirmed the administrative law judge's award granting workers' compensation benefits for Dale Lane's bilateral carpal tunnel syndrome, an occupational disease contracted through repetitive typing, writing, and exposure to vibratory tools during his employment as a maintenance supervisor. The employee was awarded compensation for permanent disability (17.5% of each wrist), medical expenses, and temporary disability benefits.

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Butler v. St. Peters Cemetery Association, Inc.(2007)

February 9, 2007

modified

The Commission affirmed the administrative law judge's finding that the employee's right cubital tunnel syndrome was not compensable but reversed the decision regarding left carpal tunnel syndrome. The employee, a gardener of fifteen years, developed symptoms of left carpal tunnel syndrome from repetitive work activities including digging, raking, and other manual labor at the cemetery.

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Bazile v. Bi-State Development Agency(2007)

January 22, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for Alfred Bazile's bilateral carpal tunnel syndrome, finding it was not a result of his employment as a bus driver. The Commission rejected the employee's Application for Review and denied the employer's motion to dismiss, while correcting a typographical error in the Findings of Fact regarding nerve root study results.

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Jones v. Bennett Packaging of Kansas(2007)

January 17, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for an employee who sustained a carpal tunnel injury to his right upper extremity while pounding on a truck door during employment. The employee was also found to have coronary artery disease and diabetes mellitus, with the Second Injury Fund owing permanent total disability benefits.

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Northern v. St. Luke's Medical Center; SSM St. Mary's Health Center(2006)

November 16, 2006

affirmed

The LIRC affirmed the administrative law judge's award denying workers' compensation to Don Northern (deceased, substituted by claimant Lisa Northern) for carpal tunnel syndrome allegedly caused by work duties. One commissioner dissented, arguing the ALJ erred in finding insufficient evidence that the employee's work caused the carpal tunnel condition.

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Jackson (Wells) v. Buse Industries(2006)

September 21, 2006

affirmed

The Commission affirmed the Administrative Law Judge's award of workers' compensation to Debora Jackson for a left thumb injury sustained on September 29, 2003, while typing at her workstation. The employee was awarded 4.2 weeks of permanent partial disability compensation totaling $1,457.61 plus previously paid medical aid of $3,345.98.

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Clark v. General Motors Corporation(2006)

September 11, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for an employee injured on June 23, 2000, while working on an assembly line at General Motors Corporation. The Second Injury Fund was found liable for 24.1875 weeks of permanent partial disability compensation at $303.01 per week totaling $7,329.06.

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Hudson v. LaFarge Construction Corporation(2006)

August 29, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for James A. Hudson's compensable injuries sustained while performing shoveling duties. A separate concurring and dissenting opinion argued the award should be modified to increase permanent partial disability compensation for recurrent right carpal tunnel syndrome from 17% to 25% at the right wrist level.

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Grammer v. Meridian Medical Technology(2006)

June 27, 2006

affirmed

The Commission affirmed the Administrative Law Judge's award of compensation for Pamela Grammer's occupational injury to both wrists and hands sustained on December 18, 2002, from repetitive assembly work. The decision awarded permanent partial disability benefits of 17.5% for each hand, disfigurement compensation, and necessary medical aid totaling approximately $24,458.03.

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Forbeck v. Dollar Tree Stores, Inc.(2006)

May 3, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Sandra Forbeck for carpal tunnel syndrome. The employee failed to sustain her burden of proof that her right hand carpal tunnel syndrome symptoms were caused by her work activities as a cashier.

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Jennings v. Bank of America(2006)

April 25, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that the employee's job duties were a substantial contributing factor to her development of bilateral carpal tunnel syndrome. The case was issued as a temporary or partial award with proceedings kept open for further consideration of final compensation.

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O'Donnell v. Station Casino(2006)

January 19, 2006

modified

The Missouri LIRC modified the ALJ's award and reversed the determination of employer liability, concluding that Station Casino, not Ameristar Casino, is responsible for workers' compensation benefits for the employee's occupational disease. Under the 'last exposure rule,' the employee's bilateral carpal tunnel and cubital tunnel syndrome arising from her dealership work at Station Casino between May 1998 and December 2000 makes Station Casino the liable employer.

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Townser v. First Data Corporation(2006)

January 10, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Traci Townser, who claimed carpal tunnel syndrome from seven years of work as a customer service representative. The majority found insufficient evidence of work-relatedness, though a dissenting opinion argued the employee's medical evidence should have been credited to establish the occupational disease claim.

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Nelson v. BJC Medical Group(2005)

December 21, 2005

affirmed

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to billing clerk Latonya Nelson for bilateral carpal tunnel syndrome contracted on June 5, 2002, at BJC Medical Group. The award includes unpaid medical expenses, temporary disability compensation, permanent partial disability benefits for the left wrist, and disfigurement compensation totaling approximately $13,463.28.

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Copeland v. Associated Wholesale Grocers Inc.(2005)

December 16, 2005

affirmed

The Commission affirmed the Administrative Law Judge's decision holding Associated Wholesale Grocers Inc. liable for workers' compensation benefits for Harold Copeland's occupational disease claim of carpal tunnel syndrome, applying the 'last exposure rule' under Missouri law. The employee was last exposed to the hazard while employed at Associated in January 2000, even though he later filed his claim while working for Elite Logistics Inc.

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Bolek v. Pacesetter Corp.(2005)

December 16, 2005

dismissed

The administrative law judge found that the claimant's alleged bilateral carpal tunnel syndrome did not constitute a compensable injury under Missouri workers' compensation law. No benefits were awarded and the claim was dismissed.

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Hudson v. Bi-State Development Agency(2005)

October 13, 2005

affirmed

The Commission affirmed the administrative law judge's decision awarding no compensation to the employee for claimed right carpal tunnel syndrome as an occupational disease. The employee failed to establish sufficient evidence that the condition arose from occupational exposure greater than that affecting the general public and directly linked to distinctive features of the employment.

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Honer v. Lange Stegmann Company(2005)

September 28, 2005

modified

The Commission modified the administrative law judge's award regarding the Second Injury Fund's payment obligations for an employee's carpal tunnel syndrome claim. The employee, who had settled with the employer/insurer for 15% permanent partial disability of each hand at the wrist, was found to be permanently and totally disabled when combined with preexisting conditions, and the Commission addressed the proper timeline for SIF benefit payments.

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Gibson-Knox v. Classic Printing(2005)

September 27, 2005

reversed

The Commission reversed the Administrative Law Judge's award, finding that the employee's bilateral carpal tunnel syndrome was not attributable to an occupational disease arising from her employment. The decision emphasizes that the employee failed to establish the required causal connection between workplace conditions and the claimed occupational disease.

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Canada v. Western Union Financial Services(2005)

August 24, 2005

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing temporary compensation for an occupational disease claim filed by Mary Canada for wrist injuries sustained from 20 years of typing work. The case involves a temporary award subject to further order, with the Second Injury Fund left open as an additional party.

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McCurter v. Cassens Transport Company(2005)

August 23, 2005

affirmed

The LIRC affirmed the administrative law judge's denial of workers' compensation benefits, finding that the employee's truck driving job was not a substantial factor in developing carpal tunnel syndrome. One commissioner dissented, arguing that medical evidence linked truck driving and repetitive hand use to the condition and that it should be compensable.

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