Filtered workers' comp decisions

The Labor and Industrial Relations Commission issued a final award denying compensation for Jonathan Parker's Second Injury Fund claim following remand from the Missouri Supreme Court. The Court clarified that to qualify for SIF benefits, an employee must have a medically documented qualifying preexisting disability of at least 50 weeks PPD and sustain a subsequent compensable work injury that combines with qualifying disabilities to result in permanent total disability.

The Missouri Court of Appeals reversed the Commission's initial denial and remanded the case, directing that the Second Injury Fund be held liable for permanent total disability benefits. The Commission issued this final award granting the employee permanent total disability benefits beginning 115 weeks after maximum medical improvement at a weekly rate of $397.28 for life.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Jerry Sample for an alleged neck injury sustained while delivering loaded rolltainers on January 2, 2017. The Commission found that the injury did not arise out of and in the course of employment, and therefore no compensation was awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits, finding that the employee failed to establish an identifiable traumatic event or accident as required by Missouri law. The employee's credibility was undermined by multiple inconsistent statements regarding how the alleged neck injury occurred, with varying accounts including lifting, twisting, swerving, and backing up incidents.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Carmelita Estes for a neck injury sustained on January 27, 2012, while working as a housekeeper at the Missouri Veterans Home. The employee was awarded permanent partial disability benefits of 20% to the body-as-a-whole, totaling $20,960 in compensation, plus future medical treatment for the neck injury.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing compensation for a worker's neck injury sustained on August 15, 2006, while straining with a cheater wrench to change a frozen propane valve. The Commission awarded past medical expenses from the employer, finding that the employee's need for medical treatment flowed from the work-related accident, despite determining that no permanent disability resulted from the temporary increase in neck pain.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to George Hackler for a cervical spine injury sustained on April 10, 2009, while lifting an 85-pound box of books. The employee was awarded 30% permanent partial disability benefits totaling $24,765.19 from the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying compensation in this workers' compensation case, despite finding the injury from a five-foot fall off a ladder to be compensable under Missouri law. The case involved a truck driver who sustained neck and psychiatric injuries on November 5, 2009, but no benefits were awarded as the matter was settled.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Frederick Winingear for a neck injury sustained when a patient placed him in a choke hold at work on February 23, 2011. Although the injury was found to be compensable and work-related, no compensation was awarded in this case.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Judith Moore for a neck injury (2.5% permanent partial disability) sustained in a motor vehicle accident on the employer's parking lot on September 6, 2003. The employee was awarded $7,988.76 in total compensation, including unpaid medical expenses of $5,333.26 and 10 weeks of permanent partial disability benefits.

The Labor and Industrial Relations Commission reversed the administrative law judge's decision denying workers' compensation benefits to Elizabeth Blake for a neck injury sustained while down-stacking microwave ovens on September 5, 2008. The Commission found that the employee's work-related lifting activities were a triggering factor for her compensable work injury, contrary to the ALJ's conclusion that the claim was not compensable.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Barry Wimberly for a neck injury caused when a fellow employee dropped a 100-200 pound hose from a 25-30 foot roof onto his head. The claimant was found to be permanently and totally disabled as a result of the accident, with the employer/insurer ordered to pay underpaid temporary disability benefits and necessary medical aid.

The Commission reversed the Administrative Law Judge's decision and awarded compensation to employee Alan Holeman for a work-related accident on August 24, 2009, finding that the accident was the prevailing factor in causing his neck injury and disability despite a preexisting 1996 cervical spine injury. The employee, who had worked for the employer for over 30 years and maintained work restrictions following prior surgery, was entitled to benefits for the work-related aggravation of his cervical condition.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits for a 67-year-old employee who suffered a work injury to his cervical spine, shoulder, and neck after slipping on snow-covered pavement. The decision addresses a dissenting opinion regarding whether permanent total disability benefits should be assessed against the employer or the Second Injury Fund in light of the employee's preexisting cervical spondylosis.

The Commission modified the administrative law judge's award in a workers' compensation case involving a neck injury sustained while lifting decorative stones. The employee was found to have a compensable accident with medical causation, and the employer/insurer was ordered to pay medical expenses, temporary total disability benefits, and permanent partial disability benefits, with the Second Injury Fund also liable for a portion of the award.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Judy Flack for a neck injury sustained on March 1, 2008 when she tripped over electrical cords at St. John's Mercy Medical Center. The employee was awarded compensation totaling $50,193.88 for medical expenses, temporary disability, and permanent partial disability of 25% body as whole.

The Commission affirmed the ALJ's award of permanent partial disability and permanent total disability benefits for a work-related neck injury with herniated disc, but modified the analysis regarding dependent benefits eligibility. The Supreme Court reversed the denial of continuing permanent total disability payments to the widow, holding that she was entitled to benefits as a dependent under the law in effect at the date of injury (April 6, 2006), prior to 2008 statutory amendments.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's temporary or partial award finding that employee Manfred Meadows suffered a compensable work injury to his neck and body while lifting door jambs on July 29, 2009. The award provides for future temporary total or temporary partial disability benefits and future medical care, with proceedings remaining open for a final award.

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.