Filtered workers' comp decisions

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Vannessa Crumpler for a diabetic seizure suffered while working at a Wal-Mart deli counter. 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 Labor and Industrial Relations Commission modified the Administrative Law Judge's award in a death benefits claim for deceased employee Winfred S. Caldwell, focusing on the calculation of average weekly wage and corresponding death benefits compensation rate. The Commission found that the deceased employee's gross wages should include non-taxable per diem payments received by the driver, as these were part of total compensation for services rendered.

The LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits, finding that the alleged occupational disease from repetitive motion did not arise out of or occur in the course of employment. The employee was awarded no compensation, temporary disability benefits, permanent disability benefits, or necessary medical aid.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Paul T. Earnhart, Jr.'s occupational disease caused by repetitive tasks with his left upper extremity that resulted in triggering of his left ring finger. The case involved a compensable occupational disease claim with permanent total disability benefits and Second Injury Fund liability.

The Commission affirmed the administrative law judge's award denying compensation and finding the employee sustained only 5% permanent partial disability to the body as a whole from the October 20, 2004 injury, which did not trigger Second Injury Fund liability. The employee failed to establish permanent total disability, as the evidence did not support that she was unable to compete in the open labor market.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Jerry Johnson for a compensable occupational disease (lung injury) contracted on January 31, 2005 while painting and dusting ceilings. The claimant was awarded compensation for temporary disability, permanent partial disability at 10% of the body as a whole, and unpaid medical expenses, with the Second Injury Fund liable for medical costs due to the employer being uninsured.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Laura Selmon for a repetitive motion injury to her right shoulder and neck sustained on July 31, 2006. The employee was awarded $38,219.60 in total compensation, including medical expenses, temporary total disability, and permanent partial disability benefits.

The Missouri Court of Appeals reversed a portion of the Commission's award denying costs to the deceased employee's dependents under §287.560, remanding the matter for reconsideration. The Commission on remand reversed the cost award, finding that the employer/insurer had reasonable grounds to withhold benefits based on evidence of drug use as a potential proximate cause of the injury.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Marlene Maness for alleged injuries to her left knee and immune system following a Hepatitis A vaccine received at work on November 10, 2003. The Commission found no compensable accident or occupational disease occurred under Missouri workers' compensation law and awarded no compensation.

The Commission affirmed the Administrative Law Judge's decision denying compensation to Allen Alcorn for a back injury claimed to have occurred on April 14, 2006, while employed as a truck driver. The case involved a procedural dispute regarding retroactive application of a 2005 statutory amendment requiring written notice of occupational disease within 30 days of diagnosis.

The Commission affirmed the administrative law judge's decision denying workers' compensation for an occupational disease claim involving bilateral upper extremity injuries from repetitive trauma. The employee and employer had previously settled the claim in 2003, and the Commission found no compensable injury beyond what was addressed in that settlement.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision that the employee's alleged neck injury from repetitive trauma was not compensable under Missouri workers' compensation law. No benefits were awarded in this case.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for Delbert Lewis, who sustained an occupational disease injury to both wrists from repetitive motions in his employment. The Second Injury Fund was held liable for 65.01 weeks of permanent partial disability compensation totaling $22,561.72.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to the widow of Alan D. Avery, who died from a heart attack suffered while working for Botkin Lumber Company on August 10, 2000. The injury was found to be compensable under Missouri Workers' Compensation Act Chapter 287, with all procedural requirements satisfied.

The Missouri Court of Appeals reversed the Commission's prior denial of death benefits, finding that the employee's religiously-motivated refusal of blood transfusion treatment was reasonable and not an unreasonable refusal under Section 287.140.5 RSMo. The Commission awarded death benefits to the widow commencing May 1, 2002, in the amount of $292.04 weekly.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that Mary Mezo sustained a compensable occupational disease injury to her bilateral hands and wrists from repetitive motion work on September 3, 2004. This temporary or partial award establishes a weekly compensation rate of $195.96 for temporary total disability/permanent partial disability, with the case remaining open for further proceedings and final determination.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to school bus driver Tina Ball-Sawyers for cumulative trauma to her lumbar spine sustained on February 24, 2001. The claimant was awarded permanent and total disability benefits along with compensation for temporary total disability and unpaid medical expenses totaling over $236,000.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to a physical education teacher for varicose veins claimed as an occupational disease. The dissenting opinion argues the employee failed to prove the condition was an occupational disease rather than an ordinary disease of life, citing the employee's delayed claim filing and active lifestyle both at work and outside of work.

The LIRC reversed the Administrative Law Judge's award of workers' compensation death benefits to the dependents of Norman Heiskell, who died in November 2003 following an October 2003 accident at Golden City Foundry. The Commission concluded that the employee's death was not due to an accident arising out of and in the course of his employment, thereby denying the death benefits claim.

The Missouri LIRC affirmed the administrative law judge's award finding that employee Michael Eye contracted an occupational disease affecting his hands and upper extremities from his work as a team leader. A dissenting opinion argued the employee failed to establish sufficient workplace exposure through competent evidence to support the occupational disease claim.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Gregory Silva for a claim of workplace stress injuries. 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 affirmed the Administrative Law Judge's decision denying compensation to William Clark for occupational hearing loss of his left ear, finding the Second Injury Fund not liable. The dissenting opinion argued the decision conflicted with Supreme Court precedent on synergistic disability claims combining preexisting wrist disability with the work-related hearing loss.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Jim Faulkner for injuries allegedly sustained in an automobile accident on July 19, 1997. The Commission found that the accident 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 of workers' compensation benefits for an occupational disease affecting the brain and inner ear sustained on July 30, 2000. The employee was awarded permanent total disability compensation of $202.54 per week for life, effective July 6, 2004, along with future medical benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Neil Schaffer for an alleged work-related stress injury occurring on May 2, 2002. The Commission found that the injury did not arise out of and in the course of employment and therefore was not compensable under Missouri law.