Filtered Decisions

The Commission affirmed the administrative law judge's decision denying compensation for hearing loss and tinnitus claims filed by the employee, finding the claim was barred by the statute of limitations. Following a Court of Appeals mandate requiring further analysis of tinnitus as a separate occupational disease claim, the Commission reaffirmed its denial after determining the tinnitus claim was also untimely.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying compensation to Sharon Lawrence for alleged hearing loss and tinnitus from occupational noise exposure. The claim was denied because it was not filed within the time required by law.

The Commission reversed the administrative law judge's decision regarding Second Injury Fund liability in a workers' compensation case involving an employee who sustained 49.9% hearing loss from industrial noise exposure. The employee and employer settled their dispute, leaving only the question of Second Injury Fund liability to be resolved on appeal.

The Commission reversed the Administrative Law Judge's award that had waived the notice requirement for filing a proof of claim in the employer's bankruptcy proceeding. The employee failed to file a timely proof of claim with the bankruptcy court as required by statute, and this jurisdictional requirement cannot be waived despite the employee's claim that notice was not received.

The Commission affirmed the administrative law judge's award of permanent total disability compensation for an employee who sustained hearing loss and psychological injury while driving heavy equipment on July 7, 2001. The claimant is entitled to weekly compensation of $513.32 beginning September 8, 2001, less a 16-week credit previously allowed to the employer/insurer.

The Commission reversed the Administrative Law Judge's award of workers' compensation benefits for hearing loss, finding that the employee failed to meet the burden of proving that workplace noise exposure was a substantial cause of the condition. The Commission determined that Dr. McKinney's medical opinion was more credible and persuasive than Dr. Berkowitz's opinion, which had supported the employee's claim.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Sidney O. Hudson for an alleged occupational hearing loss (tinnitus) injury sustained on April 12, 2002. The ALJ found that the claimed injury did not arise out of and in the course of employment, thus rendering it non-compensable under Missouri law.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for alleged tinnitus claimed to result from exposure to jackhammers and water demolition work. No compensation was awarded as the claim was found not to be compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation to employee Joseph Pearson for injuries sustained on July 11, 2003, finding no compensable disability resulted from the primary injury. One commissioner dissented, arguing the ALJ erred in rejecting uncontradicted expert medical testimony regarding permanent partial disability ratings and Second Injury Fund liability.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Donnell Durley for tinnitus allegedly developed after retirement from Anheuser-Busch. The claimant failed to establish that the occupational disease arose out of and in the course of employment, resulting in no compensation awarded.