Filtered workers' comp decisions

The Commission affirmed the administrative law judge's award of permanent total disability benefits to employee John J. White, Sr. following a fall from a concrete mixer truck on June 14, 2018. The employee is entitled to weekly compensation of $923.01 for life beginning April 10, 2019, with all past due compensation bearing interest as provided by law.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award in a workers' compensation case involving William Haynes, who sustained work-related injuries including facial lacerations, nasal and orbital fractures, concussion, and L3 compression fracture on April 22, 2015. The Commission adjusted the award and decision while adopting the ALJ's findings to the extent they were not inconsistent with the modifications, addressing issues of compensability, wage rates, medical causation, and permanent partial disability ratings.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Colleen Nichols, who sustained injuries to her neck, low back, and left extremities when she fell down steps on October 29, 2009. The employee was awarded permanent total disability benefits along with additional temporary total disability compensation and approved medical expenses totaling over $70,000.

The Missouri Court of Appeals reversed the administrative law judge's denial of workers' compensation benefits, holding that the employee's injuries from a 20-25 foot fall from a railcar arose out of and in the course of employment. The LIRC awarded permanent partial disability benefits from the Second Injury Fund based on a prior settlement valuing the injuries at approximately 15% of the upper right extremity and 13% of the body as a whole for cervical and thoracic spine injuries.

The LIRC reversed the administrative law judge's denial of benefits after the Missouri Court of Appeals remanded the case, finding that the employee's August 5, 2007 fall from a railcar arose out of and in the course of employment. The Second Injury Fund was found liable for permanent partial disability benefits of approximately 15% to the upper right extremity and 13% to the body as a whole for cervical and thoracic spine injuries.

The Missouri LIRC affirmed the Administrative Law Judge's award of workers' compensation benefits to David Groves for a permanent total disability resulting from a heavy equipment driving accident on October 17, 2005, in Jasper County. The award includes permanent partial disability compensation of $85,574.75, disfigurement benefits, and medical expenses totaling $337,982.69, with the Second Injury Fund liable for the permanent total disability differential.

The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for Ann Hemenway's injuries sustained from a slip and fall on an icy curb in the employer's parking lot. The court found that the accident did not arise out of and in the course of employment because the employee was off the clock on a personal smoke break when the injury occurred.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Sheran Robinson for injuries sustained when a filing cabinet fell on her at work on October 8, 2004, causing injuries to her neck, back, and left upper extremity. The employee was found to have permanent total disability and is entitled to ongoing compensation benefits.

The Commission affirmed the administrative law judge's award of permanent total disability benefits to Linda Beard against the Second Injury Fund following her July 2005 slip and fall injury at a Hy-Vee bakery. The Second Injury Fund's arguments that the employee returned to work and continued overtime were rejected as insufficient to overcome the permanent total disability determination supported by competent and substantial evidence.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Robert Gosche, who sustained injuries from a ceiling collapse while performing construction work at a Drury Inns facility on November 20, 2008. The award includes 60 weeks of permanent partial disability (15% PPD of low back) from the employer and permanent total disability benefits payable by the Second Injury Fund at $772.53 weekly for Gosche's lifetime.

The Commission affirmed the administrative law judge's denial of the employee's claim against the Second Injury Fund, finding that the employee is permanently and totally disabled as a result of the August 16, 2004 accident considered alone, not in combination with preexisting conditions. The Commission issued a supplemental opinion to clarify the findings of fact and conclusions of law required by statute.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee James W. Auxier for injuries allegedly sustained from a fall from a trailer in Dallas, Texas on March 16, 2009. The claim was denied and dismissed for lack of jurisdiction under the Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Kenneth Hufker for injuries sustained on October 27, 1998, when he was struck by wall panels while loading a truck at his employer's facility. The Commission approved total compensation of $67,391.90 for medical expenses and permanent partial disability rated at 45% of body as a whole.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award to issue a final award for future medical care rather than a temporary award. The employee suffered permanent total disability from a fall off a broken ladder on April 3, 2002, affecting his neck, right arm, and left hip.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Martin Lampe for injuries sustained in a fall from a ladder on September 22, 2003. The employee was awarded permanent total disability benefits of $500.02 per week for life, along with unpaid medical expenses of $2,958.00.

The Commission affirmed the Administrative Law Judge's award of workers' compensation to Charles Rothschild for injuries sustained on August 30, 1999, when he fell from a truck while removing a tree limb from the cab shield. The employee was awarded permanent partial disability benefits of 50% for right knee injury and 20% for left shoulder injury, along with medical expenses and temporary disability compensation totaling over $87,000.

The Missouri LIRC affirmed the administrative law judge's award of workers' compensation for Margaret Grubbs, who was struck by a car on October 11, 2001 while employed at Ford Motor Company in Claycomo, Clay County. The award granted permanent partial disability benefits for injuries to both upper extremities, the right lower extremity, and the back, with compensation rates of $628.90 for temporary total disability and $329.42 for permanent partial disability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Dan Whitt for injuries sustained in a fall from a silo platform on September 11, 1998. The claimant was determined to have permanent and total disability resulting from multiple injuries to his lower body and was awarded compensation for temporary disability, medical expenses, and ongoing benefits.