Filtered Decisions

The Missouri LIRC reversed the ALJ's award of lifetime permanent total disability benefits to an employee who settled his cervical spine injury claim for 46% PPD, finding that the employee's continued work for years after the primary injury contradicted a finding of permanent total disability. The Commission held that even assuming permanent total disability, the claimant failed to submit sufficient evidence that his disability resulted from a combination of the primary injury and qualifying preexisting conditions as required by statute.

The Missouri LIRC reversed the administrative law judge's award finding medical causation between the employee's December 13, 2017 work injury and her cervical spine condition, determining the employer/insurer's expert opinion more credible than the employee's orthopedist. The Commission ruled the employer/insurer is not liable for compensation or additional medical treatment related to the cervical spine condition.

The Commission affirmed the ALJ's denial of workers' compensation benefits, finding that the employee failed to establish that her job duties were the prevailing factor in causing her cervical disc disease and arthritis condition. Although medical evidence suggested work activities may have aggravated the condition, this was insufficient to meet the causation standard required under Missouri workers' compensation law.

The Commission affirmed the administrative law judge's award of permanent partial disability compensation for cervical spine injury from a November 30, 2008 work injury, finding insufficient medical evidence to support the employee's claim of permanent total disability. The single medical expert in the case explicitly avoided certifying permanent total disability, and the Commission determined that self-reported limitations and vocational expert opinion alone do not constitute competent and substantial evidence for permanent total disability status.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Debbie Gray for an alleged cervical spine injury occurring in March 2005. The injury was found not to have arisen out of and in the course of employment, and therefore no compensation was awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation to employee Jonathan Parker for cervical and shoulder injuries. The Commission issued technical corrections to the ALJ's opinion regarding the timing of the cervical fusion surgery and the identity of the treating physician, but found the ALJ's legal reasoning and analysis of the evidence sound.

The Commission modified the administrative law judge's award, affirming that the employee sustained a compensable cervical spine injury (herniated disc with loose fragment) on January 16, 2013, during work and that surgical treatment was reasonable and necessary. The Commission ordered the employer to pay temporary total disability benefits and medical expenses including discectomy and fusion surgery at the C6-7 level.

The Commission affirmed the administrative law judge's decision denying workers' compensation to an in-home health aide who claimed a cervical spine injury from attempting to lift a 400-pound patient. The claim was denied due to failure to establish medical causation, including significant inconsistencies regarding the date of injury and a ten-day delay in seeking emergency treatment.

The Missouri LIRC modified the administrative law judge's award regarding past medical expenses for an employee injured on August 11, 2005, finding that certain medical charges were not adequately supported by corresponding treatment records. The Commission affirmed the employee's permanent total disability status and liability for temporary total disability and future medical care, but reduced the past medical expenses award due to unsupported charges.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Edward Arnold's cervical spine injury sustained from a ladder fall on February 18, 2003. The employee received 40 weeks of permanent partial disability compensation in the amount of $12,471.20 with 10% PPD referable to the cervical spine.

The Labor and Industrial Relations Commission reversed the Administrative Law Judge's denial of the employee's workers' compensation claim, finding that the employee sustained a work-related injury on May 22, 2007, that caused cervical spine compression deformities. The Commission determined the employee met his burden of proof that the work injury was the prevailing factor in causing his cervical spine condition and disability.

The Commission modified the Administrative Law Judge's award by applying a $2,500.00 credit that the employer was entitled to against permanent partial disability benefits. The employee was awarded permanent partial disability benefits of 25% of the body as a whole for cervical spine injury and 5% for right shoulder injury sustained in a work-related incident on July 10, 2007.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Susan Mueller, finding she failed to provide adequate medical evidence of pre-accident cervical spine disability. The case involved a dispute over whether medical opinion evidence was required to establish permanent partial disability from a 2003 cervical fusion prior to a December 5, 2005 work accident.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Gustave Bopp for a cervical spine injury sustained on August 13, 2004, while hammering fence posts. Although the injury was deemed compensable and work-related, no compensation was awarded despite prior temporary disability and medical payments totaling over $142,000.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to employee Ova Scott for a cervical spine injury sustained on September 9, 1996, while lifting a sand bag. The employee was awarded permanent total disability benefits with a weekly compensation rate of $499.74.

The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits, finding that the employee's cervical spine injury from May 21, 2001 was compensable but did not warrant permanent total disability. The Second Injury Fund was not liable as the employee had no pre-existing disabilities that combined with the work injury to create permanent total disability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation to employee John Blackburn for a claimed cervical spine injury from a July 30, 2002 accident at J & J Steel, Inc. However, a dissenting opinion argued the ALJ overstepped her authority by finding the employee's testimony incredible and that medical testimony was required to establish the injury claim.

The Labor and Industrial Relations Commission modified the award of the Associate Administrative Law Judge dated June 13, 2005, regarding a workers' compensation claim for a cervical spine injury sustained by Jack Carte on August 27, 1998. The Commission awarded permanent partial disability benefits of 40% of the body as a whole referable to the cervical spine, temporary total disability benefits, unpaid medical expenses, and future medical treatment for the cervical spine injury, with the Second Injury Fund liable for additional permanent partial disability benefits due to synergistic effect with pre-existing disabilities.