Filtered Decisions

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 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 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 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 Missouri LIRC affirmed the administrative law judge's award of workers' compensation to Sonya Nebbitt for a compensable occupational disease injury when she was struck in the head and face by a prisoner on February 6, 2008. The employee was awarded 20 weeks of permanent partial disability benefits totaling $7,780.80, representing 5% permanent partial disability of the cervical spine.

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.

The LIRC affirmed the administrative law judge's decision denying workers' compensation benefits to Francis Basler for bilateral cervical radiculopathy, finding he failed to meet his burden of proof on causation. A dissenting opinion argued the employee should have been awarded past medical expenses and future medical care based on the work-related nature of the condition from repetitive polishing work.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Linda Bryant for degenerative cervical disease, finding that her work position was not a substantial factor in causing her condition. The court determined that degenerative cervical disease is an ordinary disease of life to which the general public is exposed, not a compensable occupational disease arising from her employment with HealthSouth.

The Commission modified the Administrative Law Judge's award denying compensation to employee Dolores Woolery for an alleged occupational disease, finding that her husband qualified as a dependent as of the claimed injury date of August 22, 2000, despite the ALJ's initial denial. The case involves disputed issues of medical causation, whether an accident or occupational disease arose out of employment, and liability for future medical care and Second Injury Fund coverage.

The Commission affirmed the Administrative Law Judge's award granting permanent total disability benefits to employee Mose Hopkins for occupational lung disease caused by inhalation of welding fumes during his employment. Benefits commenced April 1, 2003, and are payable for the claimant's lifetime.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits, finding that the employee's alleged work-related osteoarthritis did not arise out of and in the course of employment. No compensation was awarded in this case.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits despite finding the employee sustained compensable low back and lung injuries from repetitive work and chemical exposure. Although permanent partial disability was assessed at 12.5% for the back and 3.95% for the lungs, no compensation was awarded.

The Commission affirmed the Administrative Law Judge's award allowing temporary workers' compensation benefits for an occupational disease/repetitive trauma injury. The Commission also clarified that the employee satisfied the statutory notice requirements under section 287.420 RSMo by filing a timely Claim for Compensation on July 24, 2006.

The Commission reversed the Administrative Law Judge's dismissal of the employee's Second Injury Fund claim, finding that the ALJ erred in determining lack of subject matter jurisdiction. The employee, who had settled his claim against the employer for bilateral elbow injuries (35% right upper extremity and 30% left upper extremity permanent partial disability), proceeded against the Second Injury Fund and was entitled to have his claim substantively considered on remand.

The Commission reversed the Administrative Law Judge's denial of workers' compensation benefits and awarded compensation to the widow of Alan Leake, a firefighter who died following work-related activities on April 30, 2006. The Commission found that the employee's work activities responding to two motor vehicle accidents were the prevailing factor in causing his death.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to James Taylor for injuries sustained on April 2, 2003, when he was knocked to the ground during an altercation with an inmate while performing his duties as a guard. The employee was awarded permanent and total disability benefits with ongoing medical care to be paid by the employer/insurer.