Filtered Decisions

The Labor and Industrial Relations Commission modified the administrative law judge's award, finding the employer and Second Injury Fund liable for permanent total disability benefits to employee Helen Baker for multiple work-related injuries sustained on February 14, 2011. The Commission adjusted the liability allocation between the employer and Second Injury Fund while maintaining the finding that employee is permanently and totally disabled.

The LIRC reversed the administrative law judge's denial of Second Injury Fund liability, finding that the employee's work-related injuries to the lumbar spine, cervical spine, and right shoulder combined synergistically with preexisting conditions (right knee patellofemoral syndrome, bilateral carpal tunnel syndrome, and headaches) to cause greater disability than the sum of individual disabilities. The Commission determined the ALJ erred in failing to properly consider medical testimony and evidence regarding the synergistic interaction of the employee's multiple conditions.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding the employee's April 21, 2014 workplace injury compensable with permanent partial disability ratings of 25% left shoulder, 10% neck, 5% right knee, and 2.5% left ankle. Total compensation of $190,117.96 was awarded for medical treatment and temporary disability benefits already paid, with no future requirements awarded.

The Commission affirmed the administrative law judge's award of permanent total disability benefits to employee Candace Houchen for injuries sustained on January 13, 2006, when she was struck by plywood caught by wind while lifting at work. The employee is entitled to ongoing weekly compensation of $696.97 for life, along with medical expenses and mileage reimbursement.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent total disability benefits to James Hood against the Second Injury Fund based on the combination of his primary injury from February 21, 2014, and preexisting disabling conditions from multiple prior work-related injuries. The Commission found that the 2014 amendments to § 287.220.3 RSMo did not apply because some preexisting injuries predated January 1, 2014, and the claim satisfied the statutory requirements under § 287.220.2 RSMo.

The LIRC modified the ALJ's award regarding future medical care and medical causation of permanent total disability and Second Injury Fund liability in a case involving a 61-year-old machine operator who slipped on a spilled chemical and sustained injuries to her wrist, mouth, and knee. The Commission affirmed the ALJ's findings on past medical expenses, temporary disability benefits, and permanent partial disability benefits, while modifying determinations on future medical care eligibility and Second Injury Fund liability.

The Commission modified the administrative law judge's award regarding the Second Injury Fund's liability for permanent total disability benefits, affirming that the employee is permanently and totally disabled but changing the commencement date of benefits. The employee, a delivery driver injured in a 2009 workplace fall, was entitled to permanent total disability benefits based on the combination of his primary work injury and preexisting disabling conditions affecting multiple body parts.

The Commission reversed the Administrative Law Judge's award, finding that the employee sustained greater disability from a motor vehicle accident on September 27, 2007, while working as a traffic police officer. The employee, who had preexisting injuries to his left shoulder and cervical spine from an August 21, 2006 motorcycle accident, suffered additional thoracic and cervical strains when struck from behind by an SUV while performing traffic control duties.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding the nature and extent of permanent disability and Second Injury Fund liability for employee Victor Barnhill. The Commission affirmed temporary total disability benefits from October 4, 2003, to October 11, 2005, but modified calculations for permanent partial disability across multiple body parts (shoulder, lumbar spine, cervical spine).

The Missouri LIRC affirmed the administrative law judge's award allowing workers' compensation benefits to Jon David Barnhill for injuries sustained in a 1996 motorcycle accident while employed by Allied Kansas City. The Commission issued supplemental affirmative findings of fact to address the Second Injury Fund's challenge regarding permanent total disability benefit liability.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to a bus driver who suffered neck, low back, and right shoulder injuries when a drunk driver crashed into the trolley she was driving in 2005. The award included past medical expenses paid by the Second Injury Fund, though a dissenting opinion argued the employee should also receive prejudgment interest on those expenses.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Michael Williams for injuries sustained in a workplace fall on November 29, 2007. The award includes permanent partial disability payments for multiple body parts and permanent total disability benefits from the Second Injury Fund.

The Commission affirmed the administrative law judge's award of permanent partial disability but modified the Second Injury Fund liability calculation to properly incorporate the synergistic effects of multiple preexisting disabilities with the primary injury. The modification resulted in an additional $20,145.43 in Second Injury Fund benefits to the employee based on a weighted average load factor of 13.4% applied to the combined disability.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Patrick P. Fitzgerald for injuries sustained on July 31, 2007, when he tripped and fell onto a plate burner machine. Although the employee suffered compensable work injuries to his left elbow, left shoulder, and neck, combined with a preexisting low back disability from 1989, the majority found no basis for compensation from the Second Injury Fund.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award regarding a workers' compensation case involving Carolyn Jones, who sustained multiple injuries from a workplace fall on March 26, 2004, that aggravated preexisting cervical spine injuries. The Commission affirmed certain findings while modifying aspects of the temporary total disability awards, permanent partial disability rating, and Second Injury Fund liability determinations.

The Commission modified the administrative law judge's award regarding a May 24, 2002 work accident involving employee Blaine Lyman, who sustained a left femoral neck fracture, degenerative disk disease, cataracts from hyperbaric oxygen treatment, and deep vein thrombosis. The case addressed liability for future medical care, temporary and permanent disability benefits, and Second Injury Fund obligations.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to James Wilford for multiple injuries sustained in a tractor-trailer accident on April 22, 1995 in Callaway County, Missouri. Benefits awarded include temporary total disability compensation, permanent partial disability, and disfigurement compensation totaling over $104,000.

The Labor and Industrial Relations Commission modified the administrative law judge's award, finding the employee sustained multiple injuries including a primary injury with preexisting neck and knee conditions that synergized to create greater disability. The Commission awarded 45% permanent partial disability for the primary injury plus additional disability weeks from the Second Injury Fund based on the combined effect of injuries, and addressed the employee's appeal regarding permanent total disability status.

The Commission modified the Administrative Law Judge's award by increasing the preexisting disability rating of the employee's left ankle from 35% to 75% at the 155-week level based on multiple prior injuries requiring surgeries. This modification increased the Second Injury Fund's liability for permanent partial disability benefits from $7,318.21 to $9,515.09.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Angela Kern's slip and fall injury sustained on June 4, 2004, at Ortmann Stair Company in Franklin County, Missouri. The injury resulted in permanent partial disability to multiple body parts including the cervical spine, left shoulder, left knee, and left ankle.