Filtered Decisions

The LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits for a left knee injury claimed to have resulted from work accidents on April 20, 2001, and December 6, 2001. A dissenting opinion argued the employee's left knee injuries were medically causally related to the work accidents and should have been compensated.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of temporary partial disability benefits to Brenda Bolen for a compensable knee injury sustained on August 23, 2006, when her right leg became stuck during employment. The Commission awarded $6,456.87 for 7 weeks of temporary total disability and continued the proceedings for future determinations regarding medical treatment and final compensation.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding that the employee's right knee injury sustained while squatting to move electrical cords was compensable under Missouri workers' compensation law. The temporary award includes unpaid medical expenses of $800.00 and temporary total disability compensation from August 16, 2006 through October 2, 2006, with future medical benefits to be determined.

The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for an employee who allegedly injured his knee while walking briskly to move a truck on the job site on September 29, 2005. The decision found no compensable injury arising out of and in the course of employment, with a dissenting opinion arguing the decision should be reversed based on competent and substantial evidence.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for an employee who fell off a ladder and sustained a right knee injury on September 17, 2002. The award totaled $51,025.88, including medical benefits, temporary total disability, and permanent partial disability compensation of 45%.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation to Rosemary Bivens for a right knee injury sustained in a fall at St. Alexus Hospital on May 20, 2004. The claimant was awarded compensation for temporary total disability and permanent partial disability of 50% to the right knee, with medical expenses covered by the insurer.

The Commission affirmed the administrative law judge's award finding that the employee had a pre-existing 15% permanent partial disability of the right knee that met the statutory threshold under section 287.220 RSMo. The Second Injury Fund was held liable for 7.35 weeks of permanent partial disability benefits, with an additional 20% permanent partial disability attributed to work-related aggravation from the October 19, 2004 accident.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Patricia Palmer for a left knee injury sustained on July 22, 1999, when she tripped and fell while walking into work at St. Anthony's Medical Center. The employee was awarded permanent partial disability benefits against the employer and permanent total disability benefits against the Second Injury Fund due to the combination of the primary injury and a preexisting condition.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Robert Davinroy, a dockworker who claimed a repetitive strain injury to his right knee. The Commission found that the alleged injury did not arise out of and in the course of employment under Missouri workers' compensation law.

The Labor and Industrial Relations Commission modified the administrative law judge's award, affirming the determination of 25% permanent partial disability of the left lower extremity but reversing the award of future medical care and treatment. The Commission found that while the employee sustained a work-related left knee injury on April 30, 2004, the evidence did not establish that the April 30, 2004 accident was the substantial contributing factor requiring future medical treatment due to the employee's prior knee injury and preexisting degenerative changes.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Ricki E. Ross for a left knee injury sustained on May 3, 2004, when he slipped on tire shine and fell at work. The employee was found to be permanently and totally disabled as a result of the injuries, with compensation and medical expenses approved.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Tony Gross for a right knee injury and psychological impairment sustained when struck by a suspended axle on the assembly line. The claimant was awarded 50% permanent disability to the right knee and 25% permanent disability to the body as a whole referable to psychological impairment, with compensation already paid totaling $55,684.98 for temporary disability and $93,614.26 for medical care.

The Commission affirmed the Administrative Law Judge's award denying compensation for an employee who slipped and fell on a motor coach on February 1, 2006, injuring his left knee. Although the fall aggravated the employee's preexisting degenerative joint disease requiring total knee replacement, the majority found the award supported by competent and substantial evidence and made in accordance with the Missouri Workers' Compensation Act.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation to Lisa M. Stegman for a right knee injury sustained on March 31, 2002, while she was at home preparing to respond to an emergency call as an on-call EMT. The majority found the employee failed to meet her burden of proof that she was in the course of employment at the time of the accident, though a dissenting opinion argued the decision should have been reversed.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Deborah J. Strait for an alleged occupational disease affecting her knees. A dissenting opinion argued the employee met her burden of proof by establishing exposure to repetitive climbing, bending, kneeling, stooping and squatting that exceeded public exposure and was linked to her bilateral chondromalacia and patellofemoral syndrome.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Ronald Fisher for a right knee injury sustained on December 2, 2004, while working as a carpet layer. The award includes compensation for temporary total disability, permanent partial disability at 50% of the right knee, and past medical expenses totaling $46,144.53.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Dennis S. Dugan's left knee injury sustained on March 1, 2002 at a Lowe's facility in St. Louis County. A dissenting opinion argued the employee was not permanently and totally disabled, citing the treating physician's opinion that the employee could perform sedentary work and the employer's vocational expert testimony regarding employability in the open labor market.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Mike Nelson for a right knee injury and aggravated deep vein thrombosis sustained on May 17, 2004, while working with concrete. The claimant was awarded permanent partial disability compensation of 15% referable to the injury, along with unpaid medical expenses and temporary disability benefits already paid.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for an employee who suffered a left knee injury after falling approximately 6 feet from a ladder while painting. The employee was awarded compensation for unpaid medical expenses of $31,555.29, temporary disability benefits of $840.00, and permanent partial disability benefits of $1,120.00, totaling $33,515.29.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for William Michael's occupational knee injury sustained on May 1, 2003 while pole climbing, kneeling, and squatting for Ameren UE. The claim was found compensable under Missouri law with permanent total disability benefits payable against the Second Injury Fund.

The Commission reversed the Administrative Law Judge's decision and found that the employee sustained a compensable work-related injury when her left knee dislocated while she was putting on surgical booties as part of her housekeeping duties on January 8, 2006. The treating orthopedic surgeon testified that the knee dislocation was related to the work accident and was the primary factor leading to the injury.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Tobias H. Fortenberry for an alleged right knee injury sustained on August 20, 2004, at a store in Perryville, Missouri. The Commission found that the injury did not arise out of and in the course of employment and was therefore not compensable under Missouri's Workers' Compensation Act.

The Missouri Supreme Court reversed the LIRC's decision that permanent total disability benefits ceased upon the employee's death, holding that the widow is entitled to the unpaid balance of the PTD award. The LIRC modified the administrative law judge's award accordingly, affirming all other aspects of the decision.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's amended award allowing workers' compensation benefits to Linda Stevens for a right knee injury sustained on February 17, 1999, while assisting another worker with a patient. The award totaled $47,914.25, including unpaid medical expenses, temporary total disability, and permanent partial disability compensation.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for James Jackson's right knee injury sustained on May 16, 2003, while employed at PepsiAmericas. The award includes 32 weeks of permanent partial disability compensation at $340.12 per week for 20% permanent partial disability to the right lower extremity.