Filtered Decisions

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to employee Elmer Leroy Harrison for a work-related injury sustained on February 21, 2007, while pushing a metal cart. The claimant was awarded permanent total disability benefits along with past temporary disability compensation and medical aid costs.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to employee Maribel Vega-Rivera for an occupational disease of both upper extremities caused by repetitive job duties, with awards for temporary total disability, permanent partial disability (12.5% left, 15% right with 10% bilateral load), medical expenses, and disfigurement. The employer's challenge that the employee was not covered under Missouri Workers' Compensation Law was rejected, and all findings regarding employment status, causation, and disability were upheld.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits, finding that the employee failed to prove his occupationally-induced asthma was caused by workplace exposure to paint fumes due to lack of objective symptoms. A dissenting opinion argued the employee's expert testimony was more credible and compensation should have been awarded for past medical expenses, future medical care, and permanent partial disability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's January 6, 2011 award allowing workers' compensation benefits to Barbara A. Boone for an occupational disease that arose out of her employment with the Missouri Department of Corrections on August 7, 2007. The Commission modified the decision only to clarify jurisdictional authority regarding future disputes related to medical aid.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for Leliah Baxter, who sustained a repetitive strain injury to both wrists while working on a General Motors assembly line on October 8, 2004. The employee was awarded compensation for 30% permanent partial disability of each wrist, plus additional compensation for multiplicity of injury and disfigurement.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to Richard Hayden for an occupational disease that occurred on November 18, 2004. The Commission found the denial was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law, rejecting the employee's arguments regarding unenforced subpoenas and ineffective assistance of counsel.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Willie White for a cervical spine injury with myelopathy of the left lower extremity sustained on June 11, 2007, while holding his neck in an awkward position during work. The employer was ordered to pay $60,248 (160 weeks) in permanent partial disability benefits for 40% permanent partial disability to the body as a whole.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of disability and medical expenses based on a psychologist's opinion, rejecting the employer's argument that only physician opinions satisfy statutory requirements. The court found that the statutory provision requiring physician demonstration and certification of permanent partial disability is directory rather than mandatory and does not bar consideration of psychological evidence.

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Ray Volk for alleged bilateral carpal tunnel syndrome, finding that Volk failed to sustain his burden of proof that he developed an occupational disease while working for Chrysler. The Commission agreed with the denial of compensation but disagreed with the ALJ's analytical reasoning for reaching that conclusion.

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation to Georgianna Diener, a cheese plant worker who contracted a Hafnia bacterial infection resulting in post-infection irritable bowel syndrome and Crohn's disease. Despite medical evidence linking the infection to her work duties and testimony regarding her total disability, the award denied all compensation including medical expenses and disability benefits.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Charles Hogue's plantar fasciitis of the left foot, an occupational disease caused by repetitive twisting and turning as a car detailer. The Second Injury Fund was determined liable for permanent partial disability benefits of $6,220.07.

The Missouri Court of Appeals remanded the case to the Commission for reconsideration of occupational disease claims involving multiple body parts. The Commission affirmed the administrative law judge's award of 40% permanent partial disability for the lumbar spine in the 1999 claim while denying causation for cervical spine, hernia, and right shoulder injuries in both claims.

The Missouri LIRC affirmed the ALJ's award of workers' compensation for Richard B. Hafley's occupational disease (bilateral plantar fasciitis) arising from his employment, finding the evidence supported compensability and permanent partial disability ratings. One commissioner dissented, arguing the ALJ's disability ratings of 7-9% were inadequate compared to the medical evidence supporting 15% permanent partial disability.

The Missouri Court of Appeals reversed the Commission's January 2010 award denying compensation, finding the Commission erred in rejecting uncontradicted medical testimony that the employee was permanently and totally disabled from rheumatoid arthritis combined with osteoarthritis. The Commission was remanded to determine the degree of disability proportionally in accordance with the medical evidence and to determine the Second Injury Fund's liability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that Betty Eaton's bilateral upper extremities injury arising from repetitive data entry and customer service work was a compensable occupational disease. Future medical benefits were awarded, with the case kept open for further proceedings to determine a final award.

The Commission reversed the ALJ's award of workers' compensation benefits to Kenneth Williams, a juvenile detention facility employee who developed contact dermatitis and MRSA infection allegedly from exposure during a field trip to a rope course on April 21, 2006. The reversal focused on employer's lack of timely notice of the injury, as the employee did not file a formal injury report until June 9, 2006, and disputed claims that supervisors were notified of a work-related injury on April 27, 2006.

The Missouri LIRC modified the administrative law judge's award by reversing the assessment of attorney fees and costs against the Second Injury Fund, while affirming liability for 13.2 weeks of permanent partial disability. The Commission found that the Second Injury Fund presented a valid defense and therefore did not defend the claim without reasonable ground as required under § 287.560 RSMo to assess costs.

The Missouri LIRC affirmed the administrative law judge's award finding the employee permanently and totally disabled as a result of work-related injury, with the employer/insurer liable for permanent total disability benefits, future medical care, and spousal nursing care. The Commission modified the award to address issues including past medical expenses totaling $266,479.90, attorney's fees, and credits for previously paid benefits through November 12, 2009.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award regarding Second Injury Fund liability for Donald Mayse, who was found to be permanently and totally disabled due to a combination of his work injury and preexisting disabling conditions. The Commission affirmed Missouri jurisdiction and permanent total disability status but corrected the calculation of Second Injury Fund compensation to properly account for the extent of permanent partial disability from the last injury.

The Commission modified the administrative law judge's award regarding whether the alleged dependent Irene Goff retained the right to continuing permanent total disability benefits after the employee's death. The decision applies the June 2008 statutory amendments that rejected the Schoemehl decision and terminated unaccrued permanent total disability compensation rights upon the injured employee's death, analyzing whether these amendments applied retroactively to this case.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Anthony Darris, a security officer who claimed injury to both feet from walking and standing during work. The Commission found that the alleged injury did not arise out of and in the course of employment and therefore was not compensable under Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award regarding a November 20, 2005 workplace accident, addressing issues of permanent total disability, temporary total disability benefits, and past medical expenses. The Commission's decision considered whether the employee's pre-existing psychiatric condition from prior trauma affected her workers' compensation eligibility and benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Anthony Hughes, a postal letter carrier who alleged a psychological injury on June 6, 2006. The Commission found that the alleged injury did not arise out of and in the course of employment and therefore was not compensable under Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission reversed an Administrative Law Judge's decision and awarded compensation to Paul Bennett for an occupational disease sustained during his 32-year employment at Kansas City Power & Light. The employee was exposed to asbestos and coal dust at power plants from 1970 to 2002, meeting the criteria for occupational disease arising out of and in the course of employment.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of the employee's claim against the Second Injury Fund, finding no compensation was owed despite the occupational disease being work-related. The employee's claim against the employer remains open.