Filtered workers' comp decisions

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.

The Commission modified the administrative law judge's award, reversing the finding that the employee attained maximum medical improvement due to lack of competent and substantial medical evidence supporting this conclusion. The Commission set aside the permanent partial disability finding of 2.5% as premature, since it was contingent on a maximum medical improvement determination that was not supported by the record.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation to Jesse Bunch for a right knee injury sustained on June 2, 1999, while exiting a tractor trailer at Yellow Freight System. The employee was awarded permanent partial disability compensation of 37.4625 weeks from the Second Injury Fund, with 30% permanent disability to the right knee.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Ralph Scott for an alleged right knee injury claimed to result from prolonged walking and standing during employment. The Commission found that the injury did not arise out of and in the course of employment under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for DeAndre Collins, who sustained a contused right knee injury on October 22, 1998, while employed by United Parcel Service, Inc. The claimant was awarded 25% permanent partial disability benefits for the right knee injury, with temporary disability compensation and medical aid already paid by the insurer.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Robert Grothaus for a knee injury sustained on September 13, 2000. The Commission found the award was 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 award allowing workers' compensation benefits to Linda Stockman for a right knee injury sustained on October 11, 2002, when she slipped and fell down stairs at Ford Motor Company's Claycomo facility. The claimant was awarded 50 percent permanent partial disability benefits totaling $58,052.30, plus lifetime medical treatment for the right knee.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Margaret Sisk for a left knee injury sustained on November 16, 1999, when she fell and twisted her knee while walking up steps at work. The claimant was awarded compensation for 25% permanent partial disability of the left knee, with medical aid and temporary disability benefits previously paid.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Ronald Bryant for a torn medial meniscus injury claimed to have occurred on May 1, 2004, finding that the employee failed to meet his burden of proving medical causation. The dissenting opinion argued the decision was in error because the mechanism of injury described by the employee and corroborated by three workplace witnesses could have caused the tear, despite the employer's expert's inability to state with reasonable medical certainty due to pre-existing chronic knee problems.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Cynthia Rogers for a left knee injury sustained on January 4, 2003, at her workplace in St. Louis County. The award includes temporary total disability benefits, permanent partial disability benefits, permanent total disability benefits, and necessary medical aid totaling over $43,000, with the Second Injury Fund liable for a portion of the permanent disability and lifetime benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Sandra J. Pruett for a left knee injury sustained on April 13, 1999, while employed by Bleigh Construction Company. The Commission approved permanent total disability benefits beginning February 27, 2004, along with medical expenses and temporary disability compensation previously paid.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to David Busch for a right knee injury sustained on January 18, 2002, while closing his employer's shop. The Commission approved a 45% permanent partial disability award along with medical expenses and temporary disability compensation.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits for James V. Aulbach's work-related right knee injury sustained on October 23, 1998, while installing channel iron into concrete floors. The employee was awarded 27.5% permanent partial disability benefits, with the Second Injury Fund providing permanent total disability benefits of $267.94 weekly differential for 44 weeks and thereafter $562.67 for the claimant's lifetime.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Jeff Meacheam for a left knee injury sustained on February 17, 1992, when a boat was pushed into his knee while he was moving another boat out of the way of woodworking activities. The employee was awarded permanent total disability benefits and temporary disability compensation of $27,558.42, with necessary medical aid valued at $159,066.09.