Filtered workers' comp decisions

The Commission affirmed the Administrative Law Judge's award denying compensation to Darryl Hines for an alleged repetitive strain injury to his right knee sustained on April 6, 2004. The decision found that the alleged injury did not constitute a compensable accident or occupational disease under Missouri workers' compensation law.

The Commission affirmed the Administrative Law Judge's award finding that the employee sustained a compensable work injury when his foot was struck by a security turnstile while entering the employer's building, causing him to pivot and injure his left knee. The injury occurred on October 1, 2006, while the employee was arriving for his scheduled work shift in a parking lot owned and controlled by the employer.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that the employee's right knee injury from an elevator malfunction was a compensable work injury. The decision awards unpaid medical expenses of $64,802.09 and temporary total disability benefits, with the case remaining open for further determination pending maximum medical improvement.

The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for Ruth Bailey, who sustained a knee injury on January 15, 2006, while walking in a hospital hallway. The decision turned on whether the injury resulted from an accident arising out of and in the course of employment.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for Garold Savage's left knee injury sustained on May 3, 2007, during employment. The employee received permanent partial disability benefits from the employer and permanent total disability benefits from the Second Injury Fund due to a combination of the primary injury and pre-existing conditions.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for Ronald Wright's work-related left knee injury sustained on April 13, 2005. The award included 72 weeks of permanent partial disability compensation from the employer and 18.93 weeks from the Second Injury Fund, totaling $4,692.34.

The Commission modified the Administrative Law Judge's March 2, 2009 award by allowing future medical benefits for the employee's left knee injury, finding a reasonable probability of future treatment needs including anti-inflammatory medications, steroid injections, and potential knee arthroplasty. The decision reversed the denial of future medical benefits based on Dr. Koprivica's opinion regarding the progression of post-traumatic degenerative arthritis and recommended keeping medical open to address future treatment needs.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to the employee for a left knee degenerative condition. The claim was denied because the injury did not arise out of and in the course of employment.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Zemir Harbas for a work-related injury sustained on November 21, 2004. The decision rejected vocational expert opinions that were based on medical opinions found not credible, finding instead that the employee sustained no permanent partial disability to his legs or body as a result of the workplace accident.

The Commission affirmed the administrative law judge's findings of 20% permanent partial disability to the left knee and 45% pre-existing disability to the spine, but modified the Second Injury Fund's liability calculation from $21,378.28 to $14,714.92. The employee sustained the knee injury on November 10, 2003, while inspecting sewer drain elevation at work.

The Missouri Court of Appeals reversed the Commission's denial of future medical benefits, and the Commission affirmed the administrative law judge's award granting future medical treatment for the employee's work-related knee injury. The employee was awarded $13,882.00 in permanent partial disability compensation (25% disability) plus open medical benefits for ongoing treatment as needed.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Larry Busby for a knee injury (leg fracture) sustained on July 3, 1997 while working on a motorcycle at D. C. Cycle Ltd. The employee was awarded compensation for temporary disability, permanent partial disability at 45% of the right lower extremity, and unpaid medical expenses totaling $14,465.20.

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.