Filtered Decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Darryl Z. Davis's cumulative trauma injury sustained while operating a dumpster truck on January 14, 2004. The injury to the employee's back, hips, and legs arising from repetitive work activities was found compensable as an occupational disease with permanent and total disability.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in a case involving cumulative trauma to the employee's shoulders from assembly work. Although the injury was deemed compensable and occurred during employment, the claim was previously settled and benefits were awarded to neither the employee nor the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that employee Ralph Brown's bilateral hand numbness and bilateral knee pain developed while performing job duties constituted a compensable occupational disease arising out of and in the course of employment. The award is temporary or partial in nature, with proceedings remaining open pending a final award.

The Commission affirmed the Administrative Law Judge's decision denying the employee's claim for permanent partial or permanent total disability benefits against the Second Injury Fund resulting from her October 2, 1999 injury. The Commission found that the employee failed to meet her burden of proof on the disability claim, though it addressed procedural issues regarding the admissibility of medical testimony.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Charles W. Lute's employment-related asbestos exposure claim. The decision upheld the ALJ's determination that Mr. Lute's occupational disease injury was compensable under the Missouri Workers' Compensation Act.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Sheila Dickson for a bilateral upper extremity and cervical spine injury sustained on July 31, 2004, while performing clerical duties. The Commission awarded $31,627.50 in total compensation, including $6,844.00 in unpaid medical expenses and $24,783.50 in permanent partial disability benefits reflecting 17.5% permanent disability.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Donald Hagan's occupational disease (dust inhalation) contracted on September 15, 1998 while operating a jackhammer. The employee was awarded permanent total disability benefits and compensation for temporary disability and past medical expenses.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Joan Panhorst for an alleged mental injury. The case was denied because the alleged injury did not arise out of and in the course of employment as required under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Michael Jones for lumbar spinal stenosis aggravated through thirty years of roofing work. The claimant was awarded 60 weeks of permanent partial disability compensation at $566.45 weekly, with the Second Injury Fund liable for permanent total disability benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for Vickie Schlosser's alleged chemical exposure claim dated February 9, 2000. The Commission found that the employee was not in employment at the time of the alleged incident and that the incident did not arise out of or in the course of employment.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Gregory R. Tayborn, a police officer injured on September 13, 2002. The case involved a dispute over whether the employee's permanent and total disability resulted from the work injury alone or a combination of the work injury and preexisting mental health conditions, with the majority finding the work incident was the primary cause.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to the widower of Linda Pharris for an occupational disease injury to her lungs and eyes sustained on September 20, 1996, when debris was thrown on her while performing paperwork. The employee received 104 weeks of permanent partial disability for eye injury and 40 weeks for asthma exacerbation, with total compensation of $25,920.00.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits, finding that the employee failed to meet his burden of proving he sustained an occupational disease by repetitive trauma to his back. No expert medical evidence was presented to establish the occupational disease claim.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for an occupational disease claim filed by employee Jacquelyn Courtney. The Commission found the award was supported by competent and substantial evidence and in accordance with the Missouri Workers' Compensation Act.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Randall Humphrey for an occupational disease injury sustained on May 17, 2001, while employed by Verslues Construction. The employee was awarded 30% permanent partial disability benefits totaling $38,306.46, including unpaid medical expenses, temporary total disability compensation, and permanent disability payments.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Wilbert Jones for alleged repetitive use injuries to his shoulders from opening and closing boxcars, moving bulkheads, and operating a forklift. The Commission found that the injury did not arise out of and in the course of employment under Missouri Workers' Compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Tina Isaac for an occupational disease claim. The Commission found that the employee failed to meet her burden of proving that the disease had its origin in a risk connected with her employment.

The Missouri Court of Appeals affirmed in part and reversed in part the Commission's prior decision, remanding for entry of a permanent total disability award from the Second Injury Fund. The Commission concluded that the employee was permanently and totally disabled due to the combination of pre-existing conditions (cancer, depression, anxiety, and upper extremity difficulties) and the April 6, 1999 work-related injury, with the Second Injury Fund liable for compensation exceeding the employer's 45% permanent partial disability payment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of temporary or partial workers' compensation benefits to Antonino Pereira for a compensable occupational disease caused by repetitive trauma from overhead and lateral lifting. The claimant was awarded unpaid medical expenses of $16,164.80 and 59 and 3/7 weeks of temporary total disability benefits totaling $14,658.65, with the Second Injury Fund's liability remaining open for future determinations.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Joseph A. Barron for an occupational disease involving repetitive upper extremity use from his work as a reed stacker. The employee was awarded compensation for 25% permanent partial disability to his right and left upper extremities with appropriate temporary and permanent disability rates.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits, finding that the employee's alleged work-related stress and mental breakdown did not constitute a compensable injury under Missouri law. No accident or occupational disease arising out of and in the course of employment was established.

The Commission modified the previous award to assign liability to Elite Logistics Inc., the last employer to expose the employee to the occupational hazard of carpal tunnel syndrome, rather than Associated Wholesale Grocers Inc. The Commission affirmed the administrative law judge's calculations and awarded past medical expenses, temporary total disability benefits, and permanent partial disability benefits (20% for left wrist) from Elite Logistics Inc.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Stephen Clemons, a Public Safety Officer who alleged stress-related injuries from job activities including breaking up fights. The claim was denied because the alleged occupational disease was determined not to have arisen out of and in the course of employment under Missouri workers' compensation law.

The Commission modified the Administrative Law Judge's award, finding the employee suffered a 40% permanent partial disability due to an occupationally-induced pulmonary condition and imposing Second Injury Fund liability for enhanced disability. The employee's appeal for permanent total disability status was considered under Missouri's legal standard requiring inability to return to any employment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that James T. Johnson's occupational disease affecting both upper extremities, contracted through repetitive opening/closing of shuttle bus doors and baggage handling, was compensable under Missouri Workers' Compensation Act. This is a temporary award with proceedings kept open pending final determination of benefits and permanent disability assessment.