Filtered workers' comp decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Jason L. Collins' occupational disease claim involving cumulative trauma to his back and right lower extremity sustained while employed as a truck driver/laborer. The Commission rejected the employer's argument that an untimely answer resulted in admission of all facts including legal conclusions about whether the injury arose out of employment.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of death benefits to the widow of Russell Hayes, a volunteer firefighter killed in the line of duty. The majority awarded death benefits at the statutory minimum wage rate of $40.00 per week, though a dissenting opinion argued for a higher wage determination based on the statutory provisions for calculating average weekly earnings.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying compensation to Carl Hanes for an alleged occupational disease from radiation exposure at the Department of Corrections. The Commission found the employee failed to provide proper notice and that the injury did not arise out of and in the course of employment, resulting in no benefits awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Elizabeth A. Steele for injuries sustained when a patient slammed his leg down on her head, neck, and shoulders while she was working as a critical care unit nurse. The Commission found the award was supported by competent and substantial evidence and determined the employee is entitled to permanent and total disability benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's Temporary or Partial Award in a workers' compensation case for employee Cynthia Porter, finding the award supported by competent and substantial evidence. The Commission upheld the ALJ's determination that the claimant's diabetes was well-controlled, rejecting the employer/insurer's challenge to this medical finding.

The Labor and Industrial Relations Commission affirmed the administrative law judge's awards for two workers' compensation injury cases (15-061022 and 16-024233) involving employee Linda Miller, finding the awards supported by competent and substantial evidence. The Commission found certain expert testimony credible, including Dr. David Brown, Dr. Michael Nogalski, vocational expert Benjamin Hughes, and treating physician Dr. Benjamin W. Verdine, while rejecting other expert opinions.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Kathryn Crowley for her work-related injury. The Commission found the award was supported by competent and substantial evidence and complied with Missouri Workers' Compensation Law, rejecting the employee's ten points of appeal including claims regarding wage calculation, temporary total disability benefits, and post-injury termination.

The Commission reversed the ALJ's denial of workers' compensation benefits for Anil Mueller, who sustained a work injury on January 13, 2015, due to carbon monoxide inhalation while performing maintenance work on a truck in a pit. Mueller's emergency room treatment and medical records, including Dr. Hyer's opinion, established that the workplace injury was the prevailing factor in causing his pulmonary disease and permanent partial disability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for an employee's thoracic outlet syndrome and bilateral tendinitis as occupational diseases arising out of employment. A dissenting opinion contested the finding, arguing the ALJ erred in attributing the thoracic outlet syndrome to the employment, though the majority opinion upheld the original award.

The Commission affirmed the administrative law judge's award denying compensation to Barbara Kinnaird for an occupational disease claim involving cervical disc disease and arthritis. The court found that while Dr. Schoedinger acknowledged repetitive work duties may have contributed to the employee's condition, he did not establish that work was the prevailing factor in causing the medical condition, which is required for compensability under Missouri law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation to Barbara Kinnaird, finding insufficient evidence that repetitive work duties or chemical exposure were the prevailing factor in causing her cervical disc disease and arthritis. The employee's argument that Dr. Schoedinger's opinion supported a work-related causation was rejected because the medical evidence only established work as a contributing factor rather than the prevailing cause.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that Randy Skaggs sustained a compensable work injury on June 7, 2018, that was the prevailing factor in causing his permanent total disability. The Commission clarified that the parties stipulated to a work incident on that date and determined the employer is liable for all PTD benefits and future medical treatment, with the Second Injury Fund having no liability due to absence of qualifying preexisting disabilities.

The Missouri Court of Appeals affirmed the Labor and Industrial Relations Commission's award for three injury claims but reversed the award in Injury No. 12-107133, remanding to the Commission for permanent total disability benefits. The Commission awarded the Second Injury Fund as liable for permanent total disability benefits commencing February 4, 2015, at a differential rate of $258.95 for 18.45 weeks and thereafter at $692.53 per week for the employee's lifetime.

The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for a police officer's death allegedly caused by an occupational disease arising from job-related stress. The majority found no compensable occupational disease, though one dissenting commissioner argued the case fell under Missouri's special provision for police officer stress-related claims.

The Commission affirmed the Administrative Law Judge's decision denying compensation for an occupational disease claim filed by David M. Shields. The decision found no compensable disability from the May 3, 2013 primary occupational disease claim, though one dissenting opinion argued the Second Injury Fund should be liable for permanent total disability benefits based on the combined effect of the occupational disease with pre-existing hearing loss, tinnitus, and sleep apnea.

The Commission affirmed the Administrative Law Judge's denial of the employee's Second Injury Fund claim for permanent total disability. The employee's claim failed to meet the statutory requirements under § 287.220.3, as the preexisting disability and subsequent work-related injury did not satisfy the conditions for Second Injury Fund compensation.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Christopher Walters for an occupational disease with a date of maximum medical improvement on March 27, 2015. The employee was awarded permanent partial disability payments beginning March 28, 2015, and later became permanently and totally disabled on October 1, 2017.

The Missouri Court of Appeals reversed the Commission's initial denial and remanded for a final award determining the employee (hairdresser) developed malignant mesothelioma from occupational exposure to asbestos-containing hairdryers, with last exposure occurring around 1982 while employed by Papillion, Ltd. The Commission issued this final award allowing compensation and directing determination of remaining issues including medical bills, enhanced benefits, and attorney's fees.

The Missouri LIRC affirmed the administrative law judge's award of workers' compensation benefits to William Rector for a compensable injury sustained on August 14, 2015, finding the ALJ's decision supported by competent and substantial evidence. A dissenting opinion argued the employee should have been found permanently and totally disabled rather than 30% permanently partially disabled when considering pre-existing conditions in combination with the primary injury.

The Missouri Court of Appeals reversed and remanded the Commission's award of permanent partial disability benefits to allow the Second Injury Fund to challenge whether the employee's preexisting diabetes qualified as a compensable preexisting condition under § 287.220.2. The Commission's final award denies compensation after finding the preexisting disability did not meet statutory requirements for Second Injury Fund liability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Ronald Cox for a work-related injury sustained on March 13, 2015. One commission member dissented, arguing the award should be modified to reflect only a 4% permanent partial disability based on objective medical evidence.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation to Tamara Polston for a March 10, 2015 left knee injury sustained when a psychiatric client kicked her. The ALJ found that employee failed to meet the requirements for Second Injury Fund compensation, as she was not permanently and totally disabled and her preexisting psychiatric condition did not aggravate the knee injury.

The Missouri Court of Appeals reversed the Commission's initial decision, and upon remand, the Commission affirmed that the employee's Kansas workers' compensation settlement validly barred him from pursuing a Missouri claim for the same March 10, 2011 workplace injury. The Commission found no fraud or duress in the Kansas settlement and upheld the employee's voluntary waiver of his right to pursue claims in other jurisdictions.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Mark Lynch for his January 15, 2009 occupational disease claim, finding no permanent and total disability despite the employee's carpal tunnel and tinnitus injuries. One commissioner dissented, arguing the evidence supported a finding of permanent and total disability based on the synergistic combination of the work-related occupational disease and pre-existing conditions, and that the Second Injury Fund should be liable.

The LIRC affirmed the administrative law judge's award of workers' compensation benefits to Cathy Hinklin for her November 17, 2011 work injury, finding the award supported by competent and substantial evidence. A dissenting opinion argued that the employee was already permanently and totally disabled before the primary injury and that surveillance evidence contradicted claims of physical and cognitive limitations.