Filtered workers' comp decisions

The Commission modified the administrative law judge's award, affirming Second Injury Fund liability for permanent total disability benefits due to the combination of the primary occupational disease (bilateral knee injury from work activity) with the employee's preexisting bilateral shoulder conditions. The Commission clarified that an occupational disease becomes a compensable injury only when it becomes disabling, and determined the proper date of injury for Second Injury Fund analysis purposes.

The Commission affirmed the administrative law judge's award allowing compensation for an occupational disease to the employee's low back arising from repetitive lifting of plywood at a banding machine. The employee was found to be permanently and totally disabled as a result of the primary back injury combining with preexisting disabilities to the knee, shoulder, ankles, and hearing.

The Commission affirmed the Administrative Law Judge's award finding the employee permanently and totally disabled as a result of a November 11, 2003 primary injury combined with preexisting disabilities, with the Second Injury Fund held liable for benefits. The Commission rejected the Second Injury Fund's challenge that internet evidence of the employee's work as a pastor since October 2008 demonstrated employability in the open labor market.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Bill Wengler for an alleged herniated cervical disc caused by repetitive work activities. The court found that the injury did not arise out of and in the course of employment and was therefore not compensable under Missouri workers' compensation law.

The Commission affirmed the ALJ's amended award finding that the employee's primary injury combined with preexisting disabilities resulted in a 10% permanent partial disability enhancement above the simple arithmetic sum of separate disabilities. The employee's claim against the employer was settled, and the case proceeded against the Second Injury Fund regarding the nature and extent of that liability.

The Missouri LIRC modified the administrative law judge's award regarding an employee's work-related laryngeal carcinoma (throat cancer) that required laryngectomy and resulted in permanent disability. The Commission affirmed the finding of occupational disease but modified the disability ratings, also addressing preexisting conditions from a 1968 car accident and Second Injury Fund liability.

The Commission reversed the administrative law judge's award of permanent total disability benefits for chronic bronchitis as a separate occupational disease, finding insufficient medical evidence and expert testimony to support a new primary injury separate from the employee's 1997 laryngeal carcinoma. The decision denies compensation for the alleged 2000 occupational disease claim, determining the symptoms were a deterioration of the prior injury rather than a compensable new injury.

The Missouri LIRC reversed an ALJ's denial of workers' compensation benefits, finding that the employee sustained a compensable psychiatric injury from a racial harassment incident occurring on September 25, 2006. Two psychiatrists testified that the workplace incident caused aggravation of the employee's bipolar II disorder and development of a paranoid disorder.

The LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits for the death of employee Melinda Penachio, finding that her death from a car accident on December 20, 2007, did not arise out of and in the course of her employment. No compensation was awarded to the surviving spouse and dependent daughters.

The Commission affirmed the Administrative Law Judge's award denying compensation for injury number 04-130561, finding no permanent disability warranted benefits in this case. The employee's claim for the December 10, 2004 incident involving a fall down stairs was deemed compensable but resulted in no award of benefits.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to employee Odessa Current for injuries sustained in a February 6, 2004 work-related accident at Little Hills Health Care, LLC. The award combined the employee's primary injury with preexisting disabilities to establish Second Injury Fund liability, though a dissenting opinion argued for permanent total disability benefits rather than the enhanced permanent partial disability awarded.

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 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 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 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 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 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.