Filtered workers' comp decisions

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for an employee's left knee injury, including approval for total knee replacement and related medical care. One dissenting member argued the knee replacement did not flow from the work injury and that employer liability should be limited to the successful meniscectomies already performed.

The Commission reversed the ALJ's award granting workers' compensation benefits to a certified nursing assistant who injured her left knee while backing out of a narrow space between a bed and wall at a nursing home on March 5, 2015. The ALJ had found the injury work-related and awarded medical expenses, temporary total disability, mileage reimbursement, and permanent partial disability benefits, but the Commission determined this award was erroneous.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Jamie E. Overstreet for a knee injury sustained on February 12, 2018. A dissenting opinion argued the injury arose out of employment and that the employee was entitled to temporary total disability, permanent partial disability, and future medical benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits for Jackie W. Hooper's work-related knee injuries involving two tears to the medical meniscus. The commission found the award was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law, though one member filed a dissenting opinion regarding the scope of future medical treatment responsibility.

The Commission reversed the administrative law judge's decision and found the Second Injury Fund (SIF) liable for compensation in this case involving a preexisting condition of osteogenesis imperfecta. The employee sustained a compensable right knee injury on September 1, 2010, and the Commission determined that the preexisting condition constituted a hindrance or obstacle to employment for purposes of SIF liability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation for Jackie W. Hooper's work-related knee injuries (medial meniscus tears) sustained at the Missouri Department of Corrections. One dissenting opinion argued that future medical treatment should be limited to care directly addressing the compensable injury rather than all conditions affecting the injured body part.

The Commission affirmed the Administrative Law Judge's award denying compensation in a workers' compensation case involving a right knee injury sustained by Sterling Bennett on August 14, 2013, while employed as a painter. Although the injury was found to be compensable and arose out of employment, no benefits were awarded in the final decision.

The Commission affirmed the Administrative Law Judge's award allowing compensation for a right knee contusion resulting from a July 19, 2015 work accident at the Hyatt Regency St. Louis at the Arch. The Commission found that while the work injury caused the knee contusion and related surgical complications including DVT and PE, the idiopathic conditions of thrombophilia and synovial chondromatosis were not causally connected to the work injury and therefore not compensable.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Reginald Jones for a knee injury sustained when he stepped in a pothole at work. The majority found the injury was merely an aggravation of a preexisting degenerative condition and thus not compensable, though a dissenting opinion argued that aggravation of a preexisting condition can be compensable if the workplace accident is the prevailing factor.

The Commission affirmed the administrative law judge's award of workers' compensation for employee Jessica Hurd's work-related knee injury sustained on May 31, 2017, finding that Dr. Volarich's medical opinion was supported by competent and substantial evidence and entitled to greater weight than the employer's expert's opinion. The decision upheld compensation despite the employer's challenge regarding the basis of Dr. Volarich's medical assessment.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Edward Sebelius's work-related torn meniscus injury sustained on February 10, 2015. The decision upheld liability for past medical expenses of $35,681.23 related to knee surgery performed by Dr. Corey Solman on July 14, 2015, despite the employer's argument that the treatment was unauthorized.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for Jerry Tarpley's right knee injury sustained on August 5, 2010, while employed at Bartch Roofing Company, Inc. The claimant was awarded 36% permanent partial disability of the right knee with compensation from both the employer and the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Jason Harrington, finding he suffered a 20% permanent partial disability to his right knee from his work-related injury on November 18, 2013, combined with preexisting disabilities resulting in permanent total disability. The Commission clarified that while synergy between injuries is relevant to establishing permanent partial disability, the key to Second Injury Fund liability is demonstrating that the combination of the present compensable injury and preexisting disability results in permanent total disability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation to employee Dale Nivens for a knee injury, finding him permanently and totally disabled despite a dissenting opinion questioning his credibility and employability. The Commission approved the ALJ's decision and attorney's fee as fair and reasonable.

The Commission affirmed the administrative law judge's award allowing workers' compensation for an employee's work-related right knee injury from July 22, 2014, which required surgery and ongoing pain management. The decision was supported by unrebutted expert testimony that the employee remained symptomatic and required future medical care flowing from the compensable injury.

The Labor and Industrial Relations Commission reversed the Administrative Law Judge's denial of the employee's claim for reactivation under § 287.140.8, finding that the employee provided sufficient evidence of good cause to reactivate his workers' compensation claim for additional medical treatment. The employee demonstrated a significant decrease in earnings capacity, as he could no longer perform his job as an over-the-road truck driver without a total knee replacement for his work-related right knee injury sustained on September 14, 2009.

The Commission affirmed the ALJ's denial of workers' compensation benefits for an employee who injured her right knee while stepping onto a concrete step, finding the injury was not work-related. The employee failed to demonstrate that the risk causing her knee injury was related to her employment duties or was a hazard unique to her job as opposed to risks in normal nonemployment life.

The Commission affirmed the Administrative Law Judge's award granting permanent and total disability benefits to Gary Gieck for bilateral knee injuries sustained on June 1, 2004, while employed at Ross Allen Floor Covering, Inc. The award included compensation for temporary disability already paid, necessary medical aid, and ongoing medical treatment for the bilateral knee injuries.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding unpaid past medical expenses for an employee who sustained injuries to both knees. The Commission affirmed the ALJ's findings on permanent partial disability and temporary total disability but reversed the denial of medical expense compensation.

The Commission affirmed the administrative law judge's award finding that employee Candy Myers sustained a compensable right knee injury on December 18, 2015, while unplugging computer cords at work. The claimant is entitled to medical care and weekly benefits, with the award remaining temporary pending final determination.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding permanent partial disability benefits for an employee who sustained a left knee injury on September 19, 2013, requiring surgical intervention and ongoing medical treatment. The Commission found the initial determination of 22.5% permanent partial disability was too low given the employee's need for continued treatment including Orthovisc injections and eventual total knee replacement.

The Missouri LIRC reversed the administrative law judge's award of 5.225 weeks of permanent partial disability benefits to the Second Injury Fund, finding insufficient medical evidence that the right knee injury had reached maximum medical improvement by the time of the primary injury date. The Commission determined that the employee's right knee surgery in February 2014 and subsequent medical treatment occurred after the relevant injury date, undermining the basis for Second Injury Fund liability.

The Labor and Industrial Relations Commission modified the administrative law judge's award, increasing the permanent partial disability rating for the employee's left knee injury sustained on June 2, 2010, and finding employer liable for future medical benefits including knee replacement. The Commission rejected the employer's expert testimony that minimized the work injury's effects and found the employee's preexisting degenerative arthritis was asymptomatic prior to the work accident.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Edward Palmer for a knee and back injury sustained on August 19, 2011, when he fell on his left knee while walking out of a fire scene. Palmer was awarded permanent total disability benefits of $811.73 weekly for life, along with ongoing medical care coverage.

The Labor and Industrial Relations Commission affirmed the administrative law judge's temporary or partial award of workers' compensation benefits for an employee who slipped on a ramp and twisted his left knee while unloading cars. The Commission found the award was supported by competent and substantial evidence and made in accordance with Missouri Workers' Compensation Law.