Filtered workers' comp decisions

The LIRC affirmed the Administrative Law Judge's determination that Birnamwood Condominium Association was a statutory employer and that Meyers Trees & More, LLC was not properly insured under Missouri workers' compensation law. An employee of Meyers Trees was injured while performing tree-trimming work at the condominium complex after slipping off a roof.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation to employee Shelly Dale for injuries sustained in a fall. The Commission dismissed the employee's application for review as failing to meet procedural requirements under Commission rule 8 CSR 20-3.030(3)(A) for insufficient specificity in identifying the issues contested.

The LIRC affirmed the ALJ's award allowing past and future medical compensation for Cynthia G. Null's work-related injuries sustained from a fall on ice in the employer's parking lot on December 24, 2012. The Commission rejected the employer's argument that the work injury must be the prevailing factor in causing the need for future medical treatment, finding that § 287.140 does not impose such a strict standard for medical benefits.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to employee Lois McDowell for injuries sustained from catching a two-wheeled cart on a doorway and falling in the hospital parking garage. A dissenting opinion argued the injury was not causally connected to employment because the risk of falling was equally present in normal nonemployment life.

The Commission affirmed the administrative law judge's award granting workers' compensation benefits to Gale Hardwick for a fall injury sustained on October 9, 2014, while working at a Conagra Foods facility. The employee was determined to be totally and permanently disabled and is entitled to permanent total disability benefits of $486.17 per week beginning May 8, 2015.

The Labor and Industrial Relations Commission reversed the Administrative Law Judge's decision that denied all workers' compensation benefits based on alleged marijuana use and a drug-free workplace policy violation. The Commission found that the ALJ erred in concluding the employee violated employer policy, that marijuana use caused the workplace fall, and that benefit forfeiture applied to medical treatment costs.

The Commission affirmed the administrative law judge's award allowing workers' compensation for Warren Cotner (deceased), whose surviving spouse Ruth Cotner was substituted as claimant. The employee suffered a compensable injury by accident arising out of and in the course of employment when he stumbled and fell while checking an air compressor in a shuttle van he was driving for the employer.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding Second Injury Fund liability for a worker injured in a fall on December 20, 2004. The Commission found the employee suffered a compensable accident but reversed the lower finding that the Second Injury Fund was not liable for permanent total disability benefits.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to employee Judy West for injuries sustained in a fall at work on January 31, 2014. The decision clarifies that the employee's injuries were sustained both "arising out of" and "in the course of" her employment as a home care worker, satisfying Missouri's workers' compensation requirements.

The Commission affirmed the administrative law judge's award denying compensation to employee James Cotter for injuries sustained while descending steps on his way home from work. The decision clarifies that under Missouri workers' compensation law, an employee need not be 'on the clock' to sustain a compensable accident, and that the 2005 amendments did not eliminate all compensability for injuries occurring while going to and coming from work.

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to the dependent son of Michael C. Agnew, who died from injuries sustained in a 25-foot fall from a roof on March 26, 1999. The dependent is entitled to weekly compensation of $562.67 for the lifetime of the deceased employee's dependent son, with a credit for overpayment.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Tracy Whorton for injuries sustained when she slipped and fell in the employer's icy parking lot while retrieving work gloves. The court found the employee's injuries arose out of and in the course of employment as they resulted from a risk specific to her employment activities, distinguishing the case from non-employment hazards.

The LIRC affirmed the administrative law judge's decision denying workers' compensation benefits to employee Gregory Byrd, finding he failed to prove he sustained an injury by accident arising out of and in the course of his employment. The Commission concluded that Byrd's fall from a Hyster forklift was at least equally likely caused by an idiopathic syncopal event unrelated to employment rather than a battery failure as claimed.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for Robert Dungan, who fell on ice on December 18, 2008, while employed by Fuqua Homes, Inc. No compensation was awarded because the claim was not filed within the time required by law, despite the accident arising out of and in the course of employment.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits, despite finding that the employee did sustain an accident when she fell while descending restaurant stairs on July 10, 2008. The employee was attending a work-related business dinner meeting, but the Commission ultimately upheld the denial of compensation.

The Commission affirmed the Administrative Law Judge's award of workers' compensation to employee Joanna Mayo for injuries sustained from a fall caused by a sticky floor in the employer's break room on July 22, 2010. The Commission found that the employee's injuries arose out of and in the course of employment because they resulted from an abnormal and hazardous condition specific to the workplace, not a risk equally present in normal nonemployment life.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Linda Taylor for injuries sustained in a fall through a doorway on August 18, 2008. The employee was awarded permanent partial disability benefits for the left ankle (20% PPD) and right elbow (15% PPD), with the Second Injury Fund providing permanent total disability benefits.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to William Tordt for a permanent total disability resulting from a fall on ice in the employer's sales lot on January 22, 2008. The employer and insurer are liable for permanent total disability payments of $472.56 per week beginning August 1, 2009, for the remainder of the claimant's lifetime.

The Commission affirmed the ALJ's denial of workers' compensation benefits, finding that the employee failed to prove his fall injury arose out of and in the course of employment. The decision established that absent proof of a work-related accident, analysis of idiopathic causes is unnecessary and improper.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Dean Vermillion for a fall injury sustained on August 2, 2007. The claimant was awarded permanent partial disability benefits of 17.5% and permanent total disability benefits payable by the Second Injury Fund for his lifetime.

The Commission affirmed the Administrative Law Judge's award denying all workers' compensation benefits to Gary Cole for injuries allegedly sustained from a fall off a plant roof on August 2, 1999. Although the fall was determined to be work-related and arose out of employment, no compensation was awarded due to insufficient evidence of compensable injury.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Barbara Ketterman for a fall injury sustained on April 30, 2007 at Woods Supermarket. The claimant was awarded permanent total disability benefits of $186.05 per week for life, along with necessary medical benefits.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Shawn Claspill's injury sustained from a fall off a forklift on July 31, 2006. The employee was awarded 40 weeks of permanent partial disability compensation at a weekly rate of $532.76 for a 10% permanent disability rating.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding that Thomas M. Roemisch, who fell in a courthouse parking lot while appearing for jury duty, qualifies as an employee of Greene County under Missouri workers' compensation law. The decision is temporary or partial, with proceedings remaining open for final determination pending further evidence.

The Commission affirmed the administrative law judge's award for an employee who fell down stairs while traveling to see patients as part of her home health care duties. The injury arose out of and in the course of employment because traveling to patients and exiting the building were integral to the employee's job duties, creating a clear nexus between the work and the injury.