Filtered workers' comp decisions

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 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 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 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.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Charles Jones for a work-related injury sustained on September 12, 2005, during Hurricane Katrina recovery efforts when he was cut by a wire, resulting in the development of RSD (CRPS). The employee was determined to have permanent total disability with benefits including temporary total disability compensation of $49,183.64 and medical aid totaling $281,266.85.

The Commission modified the administrative law judge's award regarding the date of permanent total disability commencement for a deceased employee with combined primary and preexisting injuries. The Commission affirmed that the employee was permanently and totally disabled and that his dependent is entitled to lifetime continuation of benefits, but disagreed on the June 12, 2000 disability date, requiring clarification on when maximum medical improvement was reached to properly determine Second Injury Fund liability.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Hali Batton for a compensable occupational disease injury to her neck, body as a whole, and left shoulder sustained on January 21, 2004, resulting from repetitive overhead work. The award includes permanent partial disability benefits from the employer and permanent total disability benefits from the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits for an employee's alleged MRSA infection in the left breast contracted at a poultry processing plant. The Commission found that the injury was not compensable under Missouri workers' compensation law, and no benefits were awarded despite the claim meeting procedural requirements.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Glenda Reed for an occupational disease involving repetitive strain injuries to her shoulders, wrists, and upper extremities sustained on October 7, 2004. The employee received permanent partial disability benefits from the employer and permanent total disability benefits from the Second Injury Fund.

The Commission affirmed the administrative law judge's award denying the widower Wesley Goad continuing permanent total disability benefits that would have accrued after the deceased employee Cheryl Goad's death. The decision applies amended Missouri statutes enacted in June 2008 that prospectively terminated the right to unaccrued permanent total disability compensation upon an injured employee's death, rejecting the prior Schoemehl decision.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Nanette J. Kirkey for alleged occupational exposure to mold while performing administrative duties. The Commission found that the injury did not arise out of and in the course of employment, rendering the claim non-compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying all workers' compensation benefits to David M. Porting for an occupational disease (infected blister on right big toe) that occurred on March 1, 2003. Although the injury was found to be compensable and work-related, no compensation was awarded due to the finding that there was no permanent disability or temporary disability warranting benefits.

The Labor and Industrial Relations Commission modified the administrative law judge's January 8, 2010 award to clarify that the injury involved the neck and left shoulder from an occupational disease with onset on June 20, 1999. The Commission affirmed the allowance of attorney's fees and adopted the administrative law judge's findings except as modified herein.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding attorney fees in this workers' compensation case, reducing the fee cap and clarifying its application. The Commission affirmed the underlying compensability determination for an occupational disease injury occurring on May 7, 2004, but adjusted the attorney fee award from 25% (capped at 100 weeks) to 20% of benefits without a week-based limitation.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Cindy Spittler for bilateral plantar fasciitis and peroneal tendonitis sustained on April 20, 2007. The claimant was awarded $32,820.26 in total compensation including unpaid medical expenses, temporary total disability, and permanent partial disability (22.5% to the body as a whole), plus future medical benefits.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Velvet Grant for an alleged occupational disease to her hands and wrists sustained while performing office work. The Commission found that the injury did not arise out of and in the course of employment and was not compensable under Missouri Workers' Compensation Law.

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to the claimant. The claimant alleged she developed asthma and chemical sensitivity from exposure to chemicals and latex in the workplace, but the evidence did not support that the condition arose out of and in the course of employment.

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits for an alleged occupational disease of the low back claimed to have occurred on March 16, 2007. The decision 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.