Filtered workers' comp decisions

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 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 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 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.

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, 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 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 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.