Filtered workers' comp decisions

The Commission affirmed the ALJ's award denying workers' compensation benefits to employee Calvin D. Flemons for injuries sustained in a rear-end collision while operating a company-owned vehicle on January 10, 2017. The Commission found that the employee failed to prove the accident was the prevailing factor in causing the injury or that it arose from a risk related to employment rather than a hazard to which he would have been equally exposed in normal nonemployment life.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying the employee's Second Injury Fund claim, finding that the employee was not a covered worker under Missouri's Workers' Compensation Law because she was classified as an independent contractor rather than a statutory employee. The employee, a pick-up and delivery driver, sustained injuries in a motor vehicle accident on January 29, 2009, but failed to meet the statutory employment test under § 287.040.1 RSMo.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation to employee Dustin Elsworth for a motor vehicle accident injury occurring on March 30, 2007, rejecting the employer's argument for a safety penalty reduction based on the employee's alleged ADHD and texting while driving. The Commission held that negligence is immaterial in workers' compensation proceedings and that a safety penalty under § 287.120.5 can only apply when an employer has established specific safety rules or devices with employee knowledge and reasonable enforcement efforts.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for Carl Schwarzen, who suffered compensable injuries including concussion, cervical osteoarthritis aggravation, knee osteoarthritis aggravation, and soft tissue injuries when his vehicle was struck from behind while traveling to a job site in Nebraska on July 20, 2016. The award is temporary or partial in nature, with the proceedings remaining open for further orders and a final award.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to James Morris for injuries sustained in a motor vehicle accident on January 3, 2007, while traveling to a company store in Lebanon, Missouri. The claimant was found to have sustained permanent partial disability affecting multiple body parts, with the injury arising out of and in the course of employment.

The Labor and Industrial Relations Commission modified the administrative law judge's award in this workers' compensation case involving a motor vehicle accident that occurred while the employee was driving an employer-owned vehicle from home to his designated office. The Commission addressed errors in the ALJ's award and clarified the application of Missouri's workers' compensation statute regarding coverage for commuting accidents.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Susan Barton, finding the employer failed to prove the injury was caused by the employee's violation of safety rules. The Commission determined the employee is permanently totally disabled and not employable in the open labor market, rejecting the employer's attempt to reduce compensation based on alleged safety violations.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing compensation for Anne Poole's injuries sustained in a motor vehicle accident on June 7, 2010, while returning to her employer's premises. The Commission concluded that the employee's injuries arose out of and in the course of employment under Missouri workers' compensation law, satisfying the causal connection test required by § 287.020.3(2) RSMo.

The Commission affirmed the administrative law judge's award regarding the employee's claim against the Second Injury Fund but reversed the award concerning the joinder dispute between the Christian County Sheriff's Department and Ozark Baseball Club. An off-duty sheriff's deputy was struck by an intoxicated driver while working as a security guard at a minor league baseball stadium, and the case involved complex questions of employer liability and timely joinder of parties.

The Commission affirmed the administrative law judge's award allowing compensation for James Hershel Demore's work-related motor vehicle accident that occurred on June 29, 2009 while traveling to respond to a vandalism and burglary incident for his employer. The award covered unpaid medical expenses of $7,426.77 with a 25 percent attorney's lien.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award granting permanent total disability benefits to truck driver Victor Richardson for injuries sustained in a motor vehicle accident on September 28, 2005. The employee is entitled to weekly permanent total disability benefits of $696.97 for the remainder of his life, plus ongoing necessary medical treatment related to the accident.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to William Bisby for injuries sustained when he was riding on the back of a garbage truck involved in a motor vehicle accident on January 5, 2007. Although the accident occurred during employment and the claimant suffered a left leg injury, the claim was deemed non-compensable under Missouri workers' compensation law, resulting in an award of zero compensation.

The Missouri LIRC affirmed the Administrative Law Judge's award denying workers' compensation to Sue Ann Hecker, an in-home caregiver, for injuries sustained in a motor vehicle accident on July 19, 2007, while traveling between client homes. The ALJ found the employee's evidence less credible than the employer's witnesses and determined the accident did not arise out of or occur in the course and scope of employment, though a dissenting opinion disagreed with this credibility determination.

The Commission reversed the ALJ's award of permanent total disability benefits and medical treatment costs for an employee injured in a single-vehicle accident on December 13, 2008, finding that the primary issue is whether the injuries arose out of and in the course of employment. The decision questions whether the employee's trip on the morning of the accident was work-related, as communications with a potential employer about future jobs do not establish that the accident occurred during employment duties.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Kathy Meyer, who sustained injuries from an automobile accident on January 30, 1998 while employed by Pyramid Home Care, Inc. The employee was awarded compensation for temporary and permanent partial disability along with necessary medical benefits totaling over $262,000.

The Commission affirmed the administrative law judge's temporary award allowing compensation for an employee struck by a vehicle in the employer's parking lot at the end of her work day on December 18, 2008. The injury was deemed to arise out of and in the course of employment because the employee would not have crossed paths with the negligent driver but for her employment.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Linden Dauenbaugh for a motor vehicle accident occurring on May 6, 2004, while employed as a taxi driver. Benefits included 35% permanent partial disability rating for cervical injury, temporary total disability compensation, unpaid medical expenses of $44,886.41, and Second Injury Fund liability of $6,549.60.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for John Dreiman's motor vehicle accident injury occurring on July 6, 2005, involving cervical spine and bilateral wrist injuries. The decision approved permanent partial disability benefits (30% PPD for cervical spine, 15% PPD for each wrist) and permanent total disability benefits from the Second Injury Fund due to the combination of the primary injury with preexisting conditions.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits in this motor vehicle accident case. The employee failed to appear at the final hearing on February 2, 2009, and no compensable injury was found under Missouri law.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Patsy Ellis for injuries sustained in a motor vehicle accident on December 10, 2004, while employed. The award includes unpaid medical expenses of $165,459.99, 121 weeks of temporary disability, 244 weeks of permanent partial disability, and future medical benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Shaun Jordan for injuries sustained in an automobile accident on May 10, 2005, despite finding the accident occurred in the course of employment. Although the employee suffered injuries to his back, head, and neck, the Commission found the injury was not compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to truck driver Robert Allen for injuries sustained in a motor vehicle accident on July 6, 1999, finding that while an accident occurred during employment, no compensation was warranted. The claimant sustained injuries to the left femur and left hip but received no temporary disability, permanent disability, or medical benefits from the employer or insurer.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Rama Hitchcock for injuries sustained in a motor vehicle accident on December 5, 2000. The claimant was awarded permanent total disability benefits beginning March 20, 2002, payable for life, along with medical expenses and temporary total disability underpayment.

The Commission reversed the administrative law judge's award of death benefits to the widow of an employee who died from injuries sustained in a work-related motor vehicle accident after refusing life-saving blood transfusions based on religious beliefs. The Commission found that the employee's refusal to accept medical treatment was unreasonable under Missouri workers' compensation law, thereby relieving the employer of liability for the death.

The Commission reversed the Administrative Law Judge's decision and awarded workers' compensation benefits to Leslie Dubose for injuries sustained in a motor vehicle accident precipitated by an idiopathic occurrence (seizure disorder). The Commission held that the employee is entitled to benefits because the conditions of employment caused or contributed to cause the accident, establishing the required causal connection under section 287.120 RSMo.