Filtered workers' comp decisions

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 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.

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 of workers' compensation benefits to Herbert Hilderbrand for a left wrist injury caused by repetitive use of air and vibratory tools, wiring tasks, and ulnar deviation movements. The claimant was awarded 17.5% permanent disability compensation for the left wrist with a weekly rate of $350.67/$340.12.

The LIRC reversed the Administrative Law Judge's award, finding that the employee failed to establish medical causation between the July 29, 2004 work accident and the subsequent development of a complex perirectal fistula. The Commission determined that work was not a substantial factor in causing the resulting medical condition, as required under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the award of workers' compensation to the widow of a deceased employee, requiring the employer to pay for mechanical mobility devices including motorized wheelchairs, scooters, and modified vans. The Commission remanded the case to determine the cost differential between an average vehicle and an accessibility-modified van, ultimately rejecting the employer's argument that the issue became moot upon the employee's death.

The Commission affirmed the Administrative Law Judge's award of workers' compensation for Dennis Shay, who sustained repetitive motion injuries to his left wrist, elbow, and right shoulder while fixing aircraft tires. The employee was awarded 10% permanent partial disability benefits for both the left upper extremity and right shoulder, totaling $15,033.30 in compensation.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to John B. Flaim for an alleged occupational disease of the spine. The claim was denied because the alleged injury did not arise out of and in the course of employment, and the claim was not filed within the required timeframe.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Steven Simmons, finding that his alleged July 9, 1998 injury did not arise out of and in the course of his employment as a warehouse associate. No benefits were awarded and the claim was dismissed.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Mark Serati for alleged exposure to benzene and xylene compounds. The claim was denied because the evidence did not establish that an accident or occupational disease arose out of and in the course of employment.

The Commission modified the Administrative Law Judge's award regarding future medical care for the employee's work-related occipital neuralgia and migraines. Rather than awarding a $25,000 lump sum to absolve the employer of liability, the Commission ordered the employer to provide ongoing future medical care and treatment including medication oversight deemed reasonable and necessary to treat the residual headaches from the accident.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Diane Smith's occupational disease from repetitive use of her wrists, right upper extremity, shoulders and neck sustained on May 7, 1998. The employee was awarded unpaid medical expenses of $40,052.80 and 175 weeks of permanent partial disability compensation totaling $41,889.75, for a combined award of $93,021.96.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation for John Nienhause, who sustained a repetitive strain injury to his low back while employed by the City of Town & Country on November 17, 2002. The claimant was awarded 60 weeks of permanent partial disability compensation totaling $20,407.20 for 15% permanent partial disability of the body referable to the low back.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to Timothy Bauer, finding that he failed to prove a work-related accident or occupational disease. The claimant's alleged psychological/post-traumatic stress injury on November 9, 2003 was determined not to have arisen out of or in the course of his employment with Miller County Ambulance District.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Linda Lawson for plantar fasciitis of the left foot sustained on September 1, 2001, while employed by Ford Motor Company. The employee was awarded 20% permanent partial disability (15% for primary injury and 5% preexisting) with medical benefits and compensation at the rate of $628.90/$329.42 weekly.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for Thomas Anderson's alleged lung injury from February 19, 1990. 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.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Teresa Douglas, who sustained occupational disease injuries to both wrists from repetitive trimmer work on an assembly line. The claimant was awarded permanent partial disability benefits of 22.5% for each wrist, along with unpaid medical expenses and temporary disability compensation.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that employee Pamela Collier's exposure to asbestos at her employer's building constituted a compensable occupational disease. The Commission awarded temporary total disability benefits of $3,470.50 for 10 weeks and ordered payment of indemnified medical expenses, with the case remaining open for final determination.

The Commission affirmed that employee's exposure to chemicals caused a pulmonary condition (asthma) and awarded permanent partial disability compensation. Following remand from the Missouri Supreme Court, the Commission modified the award regarding past medical expenses, determining employee's personal liability for certain medical bills and increasing overall compensation due to change of condition.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Christopher Doerr for alleged repetitive trauma injuries from striking his head on equipment. The Commission found that the injury did not arise out of and in the course of employment and therefore was not compensable under Missouri workers' compensation law.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Virginia L. Neves for a low back injury sustained on April 19, 2002, while employed at Lewis County Nursing Home District. The employee was awarded 20% permanent partial disability of the body as a whole, along with unpaid medical expenses and temporary and permanent disability benefits.

The Commission reversed the Administrative Law Judge's award of occupational disease benefits for deep vein thrombosis, concluding the employee contracted an ordinary disease of life rather than an occupational disease. The Commission found the employee failed to establish that his condition arose from a risk distinctly connected to his employment as a vulcanizer.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits, finding that the employee's claim for an occupational disease injury alleged on January 4, 1994, was barred by the statute of limitations. The statute of limitations for occupational disease claims does not begin to run until the disease becomes reasonably discoverable and apparent as a compensable injury, and the Commission determined this threshold had not been satisfied before the claim was filed.