Filtered workers' comp decisions

The Commission affirmed the administrative law judge's award of permanent total disability benefits to Linda Head for a left knee injury sustained when she slipped and fell on ice while leaving a hospital after a work meeting on February 7, 2003. The employer was ordered to pay weekly permanent total disability benefits of $641.06 per week for the claimant's lifetime and provide future medical benefits related to the work-related injury.

The Missouri LIRC reversed the administrative law judge's award of 15% permanent partial disability and permanent total disability benefits for an employee's compensable work-related left knee injury. The Commission found that the employee's personal physician testified the total disability resulted from preexisting back dysfunction rather than the work-related knee injury, and that pay stubs did not substantiate the assigned rate.

The Commission reversed the administrative law judge's award finding that the employee sustained a compensable work-related right knee injury from a September 15, 2014 accident while operating a forklift. The Commission determined there was insufficient evidence that the injury occurred in the course and scope of employment, particularly given the employee's preexisting knee instability and prior history of buckling and popping.

The Missouri LIRC affirmed the Administrative Law Judge's award of permanent total disability benefits to Scott B. Hunt for injuries sustained on February 19, 2011, when he tripped and fell against a wall while walking on the employer's premises. The employee was awarded weekly compensation at $596.49 from August 18, 2013 for the remainder of his life, with medical expenses and temporary disability compensation previously paid totaling over $173,000.

The Commission modified the administrative law judge's award regarding medical causation, nature and extent of disability, and future medical benefits for an employee who suffered a right knee injury on July 3, 2008. The case involved determining whether the workplace accident was the prevailing factor in causing the employee's knee condition and related disability.

The Commission modified the administrative law judge's award, determining that the Second Injury Fund is liable for permanent total disability benefits based on persuasive expert medical and vocational testimony, rather than requiring physician certification of permanent total disability status. The employee, who suffered a primary right knee injury combined with a preexisting left knee condition, was found to be unable to compete in the open labor market based on documented physical restrictions and limitations.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for an employee who injured his right knee stepping from a van onto a ramp during employment on March 1, 2003. The award includes permanent partial disability compensation and lifetime benefits from the Second Injury Fund.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Carmela McCurdy-Cade for a right knee injury sustained on January 30, 2013, while employed at the Department of Corrections. The award includes permanent partial disability compensation of 20% of the right knee at the 160-week level, medical expenses totaling $30,988.87, and mileage reimbursement.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding medical fees for an employee's October 22, 2013 left knee surgery, affirming the additional reimbursement of $1,090.90 to the health care provider while finding certain factual findings of the ALJ erroneous. The Commission determined that the medical charges billed by Rockhill Orthopaedic Specialists for the work-related knee injury and surgery were fair and reasonable.

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to William Rose for a compensable work injury sustained on October 30, 2008, when he fell onto his left knee. The claimant is entitled to lifetime permanent total disability benefits beginning March 18, 2014, with compensation payable by the employer and insurer.

The Commission reversed the administrative law judge's award of workers' compensation benefits for an alleged occupational disease or accident injury to the employee's knees on September 9, 2009. The Commission found insufficient evidence that the employee suffered a compensable work-related injury on the date of injury alleged.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Gary Emmons, a car hauler who sustained a right knee injury when he missed a step and fell while unloading minivans from his transport vehicle on December 3, 2009. The claimant was awarded 8 weeks of permanent partial disability compensation totaling $3,383.76 for a 5% permanent disability to the right knee.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding past medical expenses and future medical care for an employee's right knee injury from an August 6, 2009 workplace accident. The Commission affirmed the 40% permanent partial disability determination but modified the award concerning medical causation and the scope of past medical expenses owed.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation for a right knee injury sustained in an accident on April 24, 2009, finding the accident was the prevailing factor causing the employee's condition requiring total knee replacement. The Commission adopted the ALJ's findings based on medical testimony, particularly crediting Dr. Hopkins' opinion that the traumatic accident was the prevailing cause given the lack of prior symptoms and treatment history.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Ottavio Tarpeo for bilateral knee injuries sustained through repetitive stair climbing during his 35+ years of employment as a pressman. The employee was awarded compensation for temporary total disability and permanent partial disability with a multiplicity load factor.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to John Kolar, Jr. for a fractured right lower extremity sustained while performing a pre-trip inspection of a school bus on October 26, 2009. The award includes temporary disability compensation, permanent partial disability payments from both the employer and the Second Injury Fund, totaling $45,210.28 plus medical expenses already paid.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Katy Dierks for a left knee injury sustained on January 17, 2009, when she tripped over an air hose at work. The employer/insurer was ordered to pay $26,972.70 for 25% permanent partial disability and unpaid temporary total disability, with the Second Injury Fund liable for permanent and total disability benefits.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Conrad Priest for a right knee injury sustained on August 16, 2011, while changing machine parts at Piramal Glass. The injury, which occurred when the employee heard and felt a loud pop in his right knee while working, was found to be compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for a 2007 left knee injury, correcting clerical errors in the calculation of Second Injury Fund liability by applying a 2.5% load factor rather than 15%. The Commission rejected the employee's argument that a 15% enhancement factor should apply, finding the administrative law judge's discretionary use of the 2.5% load factor was well-supported and consistent with the final award of 5.65 weeks of permanent partial disability.

The Labor and Industrial Relations Commission reversed the administrative law judge's denial of workers' compensation benefits, finding that the employee's injury to his right knee sustained from a fall on a snow and ice-covered parking lot arose out of and in the course of his employment under the extension of premises doctrine. The Commission awarded the employee $26,384.56 for past medical benefits, $2,139.20 for temporary total disability benefits, and $7,334.40 for permanent partial disability benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits, finding that the employee failed to meet her burden of proving that her right knee injury arose out of and in the course of her employment. Although the employee's medical expert provided uncontradicted testimony on causation, the Commission determined such testimony was not persuasive and noted that uncontradicted expert testimony does not automatically require a finding in the employee's favor.

The Missouri LIRC affirmed the administrative law judge's decision denying the employee's workers' compensation claim against the Second Injury Fund, finding that the employee failed to prove his preexisting right knee condition constituted a hindrance or obstacle to employment. The court determined that despite applying the proper legal standard focusing on synergistic potential for future injury, the employee's credible testimony and the record did not support a finding of serious preexisting disability.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Connie D. Miles for a work-related left knee injury, finding the award supported by competent and substantial evidence. The decision addresses the liability of the Second Injury Fund for permanent partial disability benefits, with the employee having suffered left knee injuries in 1993 and 1996 prior to the primary injury at issue.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Larry Voidanoff's work-related injury to his right lower extremity sustained on May 19, 2005, when his shoe caught in a ladder grate while stocking shelves. The employee was awarded 75% permanent partial disability and permanent total disability benefits of $200.00 per week for life, with the Second Injury Fund assessed for liability.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Mary K. Meyer's fall injury sustained on January 22, 2007, at Delmonico's in Cape Girardeau County, Missouri. The employee settled her claim for 25% permanent partial disability of the left hip and 15% permanent partial disability of the left knee, with the Second Injury Fund as an additional party to the case.