Filtered workers' comp decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding the employer liable for the employee's permanent total disability. The decision was based on medical evidence showing physical restrictions that prevented the employee from successfully competing in the open labor market, despite a vocational expert's suggestions of available positions.

The Missouri Court of Appeals Western District reversed the Commission's award finding the Second Injury Fund liable for permanent total disability benefits and remanded the case for reconsideration of preexisting conditions under § 287.220.3. The Commission was directed to determine which preexisting disabilities met the fifty-week minimum threshold and whether they directly aggravated the October 30, 2015 work-related injury.

The Commission modified the Administrative Law Judge's award in a workers' compensation case involving Roy Dale Franklin's occupational disease injury to his lumbar spine with onset in April 2014. The employee was found to be permanently and totally disabled with Second Injury Fund liability, though the Commission clarified the application of § 287.220.3 RSMo regarding which preexisting disabilities qualify for consideration.

The Commission reversed the administrative law judge's award of workers' compensation, denying the employee's claim for occupational disease injury from repetitive keyboard use over 33 years of employment. The employee had sought temporary disability benefits, medical reimbursement, future medical benefits, and permanent partial disability compensation, which were all denied upon reversal.

The Labor and Industrial Relations Commission modified the administrative law judge's award granting permanent total disability compensation to Karen Ritchie for an occupational disease, adjusting the benefit start date from her termination date to her date of maximum medical improvement (May 2, 2018). The Commission affirmed the underlying award of $861.04 per week for life but corrected the calculation methodology to comply with Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Mary Kling for an alleged occupational disease claim involving bilateral plantar fasciitis from repetitive standing on concrete. Although the employee and employer/insurer settled the primary claim for $5,918.00 based on twenty percent permanent partial disability, the ALJ found the employee failed to meet her burden of proof that the injury was work-related, finding the defendant's medical expert more credible than the employee's expert.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Brenda Sadler, finding no compensable injury or occupational disease occurred. The claimant's alleged back/body injury was determined not to have arisen out of and in the course of employment, resulting in no compensation awarded.

The Commission reversed the administrative law judge's award finding the Second Injury Fund liable for permanent total disability benefits related to the employee's February 3, 2015 occupational disease claim involving progressive back injury. The Commission determined the administrative law judge erred by failing to properly apply the fifty-week standard required under § 287.220.3 RSMo to combine prior injuries with the current injury to establish Second Injury Fund liability.

The Labor and Industrial Relations Commission reversed the administrative law judge's award that found the Second Injury Fund liable for permanent total disability benefits following an employee's January 3, 2014 workplace accident involving neck and arm injury. The Commission determined the administrative law judge erred in her application of law regarding Fund liability for the occupational disease claim.

The Commission affirmed the administrative law judge's award denying the employee's Second Injury Fund claim for permanent total disability, finding that the employee failed to prove he had permanent partial disability attributable to preexisting cardiac and COPD conditions. The court credited medical testimony that the employee's cardiac and chronic obstructive pulmonary disease presented no pre-accident disabling symptoms that could form a basis for permanent disability benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing permanent total disability compensation to employee Jon Roehl for an occupational disease injury. The Commission found the award was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

The Missouri Court of Appeals reversed the Commission's prior decision and remanded the case with instructions to reinstate the ALJ's award of permanent partial disability benefits. The Commission awarded the Second Injury Fund as liable to employee Bruce Krysl for 23.398 weeks of permanent partial disability benefits totaling $10,144.90.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for the deceased employee Michael Landis, who developed mesothelioma from asbestos exposure during his employment as an operating engineer. Children's Mercy Hospital was found liable for enhanced benefits based on the last exposure rule.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to Steven A. Shipley for claimed psychiatric stress and mental/cerebral hemorrhage allegedly caused by supervisor harassment. The employee failed to meet the burden of proving that work-related stress rose to the level of extraordinary and unusual stress required under Missouri law.

The LIRC affirmed the administrative law judge's denial of workers' compensation benefits, finding that the employee failed to prove her shoulder and hand conditions (rotator cuff tendinitis, impingement syndrome, and arthritis) were causally related to her work activities. Dr. Strege's credible expert medical opinion established that the employee's job activities were not the prevailing factor causing her conditions, and she had reached maximum medical treatment.

The Missouri LIRC affirmed the administrative law judge's denial of workers' compensation benefits, finding the employee failed to prove she sustained an accident arising out of and in the course of her employment. The employee's claim alleged steam exposure at a restaurant caused throat and speech problems, but the court found her testimony not credible and the causal connection to a work accident insufficient.

The Commission modified the administrative law judge's award regarding a work-related occupational disease (L4-5 disc herniation) sustained by Jeffrey Dudley while employed at Chrysler LLC on July 10, 2008. The decision addressed the prevailing factor causing the injury, employer's liability for past medical expenses, and the Second Injury Fund's liability.

The Commission modified the administrative law judge's award, increasing the employee's average weekly wage calculation for a part-time healthcare worker beyond the 30-hour limitation previously applied. The case involved disputes over wage calculation methodology, liability for past medical expenses totaling $13,962.60, and future medical care coverage for a worker with 10% permanent partial disability.

The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for mesothelioma claimed as an occupational disease arising from the employee's work as a hairdresser. The decision was based on finding that expert medical testimony denying occupational causation was more persuasive than contrary expert testimony supporting causation.

The Commission reversed the Administrative Law Judge's decision denying workers' compensation benefits, finding that the employee provided sufficient notice to his employer of his right-hand trigger finger injury within the required timeframe. The employee, Wayne Terry, was entitled to compensation for his occupational disease (bilateral trigger fingers) despite initially not receiving treatment for his right hand until December 2016.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Marc Meng, finding SystemAire as the liable employer under the last exposure rule for carpal tunnel syndrome, cubital tunnel syndrome, and thoracic outlet syndrome. These occupational diseases were found to be related and developed through the employee's work as a sheet metal worker, with first evidence of disability appearing during employment with SystemAire.

The Commission affirmed the administrative law judge's award denying compensation to employee Marc Meng for occupational diseases (carpal tunnel syndrome, cubital tunnel syndrome, and thoracic outlet syndrome) sustained while working as a sheet metal worker. The decision applied the last exposure rule, finding that SystemAire, not Harke Heating and Air Conditioning Co., was the liable employer since it was the last employer in whose employment the employee was exposed to the hazards of these occupational diseases prior to evidence of disability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that employee Bin Gardner sustained a compensable cumulative occupational disease injury to the left wrist and hand arising out of performing multiple jobs throughout the employer's plant. The award is temporary or partial in nature with permanent disability status and future medical requirements remaining undetermined pending further proceedings.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation to James Atchison, finding that preexisting disabilities need not be manifest prior to a work injury to trigger Second Injury Fund liability. The decision clarifies that an employee's preexisting condition can be asymptomatic and still constitute a hindrance to employment when combined with a subsequent compensable work injury.

The Missouri LIRC affirmed the Administrative Law Judge's amended award allowing workers' compensation benefits to Sabrina Williams for post-traumatic stress disorder and panic disorder with agoraphobia resulting from a September 7, 2010 workplace attack by an inmate. The Commission corrected an incomplete quote from the treating psychiatrist and clarified the applicable statutory provisions for this 2010 injury case.