Filtered Decisions

The Commission reversed the Administrative Law Judge's decision and awarded compensation to employee Kimberly Regan for a neck injury caused by a coworker's sudden grabbing incident on February 6, 2007. The Commission found that the incident constituted a compensable work-related accident despite employee's preexisting cervical conditions from prior neck surgeries.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Teresa Carkeek's cervical spine injury sustained on December 13, 2006, when she tripped on debris while pushing a buggy at work. The Second Injury Fund was held liable for 20 weeks of compensation at $376.55 per week, totaling $7,531.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Romondo Battle for a cervical spine injury sustained on February 4, 2008, while fighting a fire for the City of St. Louis. The claimant was awarded permanent partial disability compensation with the Second Injury Fund liable for a portion of the benefits.

The Commission affirmed the administrative law judge's award of permanent partial disability benefits to employee Mark Tombaugh for a work-related neck injury sustained on August 25, 2006, that resulted in a two-level cervical fusion. A dissenting opinion argued for permanent total disability benefits based on the employee's cardiac condition discovered during pre-hospitalization for the neck surgery, combined with preexisting disabilities that triggered Second Injury Fund liability.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Murl L. Brown's cervical spine injury sustained in a motor vehicle accident on November 16, 2000. The employee was awarded 15% permanent partial disability of the body as a whole, combining with preexisting disability to result in permanent and total disability.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Byron Proffer for a cervical spine injury sustained on October 13, 2004, while pushing a 55-gallon drum of oil at Federal Mogul Corp. The employee was found to have permanent total disability and awarded ongoing compensation at $601.80 per week beginning September 15, 2006, along with medical benefits and temporary total disability payments.

The Commission reversed the Administrative Law Judge's decision and found that the employee's preexisting injuries met the Second Injury Fund threshold, entitling her to compensation. The employee, an orthodontic assistant, sustained a cervical spine injury when her feet became entangled in wires causing her to trip and fall on November 2, 1998, and was awarded 37.5% permanent partial disability of the body as a whole.

The Commission affirmed the administrative law judge's award, finding it supported by competent and substantial evidence and in accordance with the Missouri Workers' Compensation Act. The employee's request for remand to consider an occupational disease claim based on repetitive motion was denied because the parties did not stipulate to that issue during the hearing, and the ALJ would have exceeded his authority by considering it.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for Mark Harvath's work-related neck and left upper extremity injury sustained on October 15, 2007, while driving a truck for United Parcel Service. The award is temporary or partial, covering unpaid medical expenses of $3,962.00 with future medical care and temporary total disability benefits to be determined, with the case kept open for final determination.

The Commission reversed the administrative law judge's decision that denied Second Injury Fund liability, finding that the employee's February 2002 cervical spine injury alone did not cause permanent total disability. The employee, a tree climber, suffered a neck injury requiring anterior cervical fusion and subsequently developed psychiatric conditions, with disputes over causation and the Second Injury Fund's responsibility.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Debra Williams for a neck injury sustained during an inmate altercation on December 11, 1997. Although the injury arose out of and in the course of employment, the Commission found the claim non-compensable under Missouri's workers' compensation law.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding permanent disability benefits for a June 28, 2002 neck injury (Injury No. 02-102986). The Commission addressed the Second Injury Fund's appeal regarding the timing and calculation of permanent partial disability versus permanent total disability payments.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Garry Moore's occupational injuries to his neck and body sustained on multiple dates between July 1998 and May 2001 while employed by ASARCO, Inc. and Doe Run Company. The employee was found to have permanent and total disability, with compensation awarded for temporary total disability and necessary medical aid.