Filtered workers' comp decisions

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding Debra Arnold's workers' compensation case, primarily correcting the future medical care provision to remove the requirement that treatment be recommended by Dr. Volarich, an independent medical evaluator rather than a treating physician. The Commission affirmed the finding that Arnold is permanently and totally disabled as a result of her work-related injury and made clarifying technical modifications to the award.

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 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 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 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 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 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 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 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 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 Commission modified the administrative law judge's award regarding Second Injury Fund liability for an employee's compensable right knee injury sustained on September 16, 2008. The Commission disagreed with the ALJ's analysis of whether the employee's preexisting diabetes constituted a hindrance or obstacle to employment, clarifying that the relevant inquiry focuses on the potential for a condition to combine with a work-related injury to cause greater disability, not on past manifestations of difficulty.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award regarding future medical care for employee Melvin Boyers, who suffered a left knee injury on August 26, 2005 when he slipped and fell while dragging a pole after a storm. The Commission affirmed the underlying compensability finding and adopted most of the ALJ's decision, while modifying the future medical care provision to ensure the employer/insurer provides all reasonably necessary future medical treatment.

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 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 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 James Bubash for a knee injury sustained on April 21, 2003, while jumping off a belt loader at American Airlines in St. Louis City. The claimant was awarded 52.8 weeks of permanent partial disability compensation totaling $18,324.24, representing 33% permanent partial disability referable to the right knee.

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 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 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 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.

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 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 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 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 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.