Filtered workers' comp decisions

The Missouri Court of Appeals reversed the Labor and Industrial Relations Commission's denial of permanent total disability benefits for Mark Lynch, finding the Second Injury Fund liable for PTD benefits commencing August 1, 2011. The court remanded the case with instructions to award PTD benefits at a differential rate initially and then at the stipulated rate for the remainder of the employee's lifetime.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of compensation, finding that the employee failed to prove permanent total disability resulted from the combination of hearing loss and preexisting conditions sufficient to establish Second Injury Fund liability. The decision addresses the application of amended statutory provisions effective January 1, 2014, requiring specific criteria for Second Injury Fund claims involving occupational disease injuries.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for an employee who sustained hearing loss (ringing in the ears) after being assaulted by a subordinate and falling against a washing machine. Although the injury was found to be compensable and work-related, no compensation was awarded due to the absence of permanent disability.

The Commission affirmed the administrative law judge's award allowing workers' compensation for David Hogenmiller's hearing loss and tinnitus, finding the ALJ properly admitted expert testimony from an audiologist regarding medical causation. The Commission rejected the employer/insurer's challenge to the admissibility of the audiologist's opinions, determining that non-physician experts with specialized knowledge in medical matters may qualify to testify on causation.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent partial disability compensation in the amount of $9,291.60 for employee Jimmy Holifield's occupational hearing loss (tinnitus) caused by noise exposure at Mississippi Lime Company. The injury occurred on June 1, 2014, in Ste. Genevieve County, Missouri, and was determined to be compensable under Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for Joseph Abt's occupational hearing loss in his left ear caused by industrial noise exposure. The employee was awarded $637.36 in permanent partial disability compensation at a rate of $433.58 per week, with the claim properly filed and all procedural requirements satisfied.

The Commission affirmed the administrative law judge's award of permanent partial disability benefits to Earl Resinger for work-related tinnitus caused by noisy work conditions. The court upheld the sufficiency of a PhD audiologist's testimony to establish medical causation, finding it satisfied the employee's burden of proof despite employer arguments to the contrary.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing compensation for an employee with preexisting hearing loss, rejecting the Second Injury Fund's argument that occupational hearing loss cannot constitute a disability affecting the body as a whole. The court found the decision consistent with controlling precedent in Pierson v. Treasurer of Missouri and determined that the 2005 amendments to the Workers' Compensation Law did not silently abrogate that holding.

The Missouri LIRC affirmed the administrative law judge's award allowing workers' compensation for an employee with tinnitus and hearing loss, finding the award supported by competent and substantial evidence. One commissioner dissented, arguing that objective speech recognition testing showed normal ability to understand spoken words, which should prevail over subjective complaints of speech discrimination impairment.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding Second Injury Fund liability, disagreeing that statutory requirements for occupational hearing loss claims apply to determining preexisting hearing loss in Second Injury Fund calculations. The Commission found that the employee's significant hearing deficits since childhood constitute preexisting disability relevant to calculating the synergistic effect with his primary injury for Second Injury Fund liability purposes.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Dale Welty for alleged hearing loss and tinnitus allegedly caused by occupational noise exposure. The claim was found to be non-compensable under Missouri workers' compensation law.

The Commission affirmed the administrative law judge's award of workers' compensation for occupational disease tinnitus suffered by employee Gary Lawson after 41 years of industrial noise exposure at Mississippi Lime Company. The Commission rejected the employer's argument that causation opinions must come from physicians, finding the audiologist's expert testimony credible and sufficient to establish work-relatedness of the tinnitus.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for John Clifton's occupational noise exposure injury resulting in bilateral hearing loss with 22.1% permanent partial disability. The Commission approved the allowance of attorney's fees and ordered compensation payments totaling $6,408.88, with the Second Injury Fund liable for 17.02 weeks of permanent partial disability.

The Commission affirmed the ALJ's denial of workers' compensation benefits for hearing loss allegedly caused by a September 7, 2007 workplace accident where the employee was struck in the head with a pallet jack. The employee failed to meet the burden of proof by offering inadmissible medical records containing hearsay opinions without proper foundational evidence or expert testimony establishing the causal relationship between the accident and hearing loss.

The Missouri LIRC affirmed the administrative law judge's award denying workers' compensation to Bert Kersey, an auto mechanic who suffered hearing loss and tinnitus after a loud noise was amplified through a mechanic's stethoscope on July 11, 2007. One commission member dissented, arguing the employee should receive future medical care and permanent partial disability benefits.

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.