Filtered workers' comp decisions

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Thomas Williams' February 28, 2002 occupational disease injury, finding that his employment was a substantial factor in causing the resulting medical condition. The Commission applied the pre-2005 amendment standard for medical causation and determined the same result would obtain even under the higher burden of the post-2005 amendments.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation to Kevin Parvin for alleged occupational disease injuries to his arms, back, and neck from repetitive work activities. A dissenting opinion argued the employee sustained a compensable occupational disease from repetitive use of his arms while carrying fertilizer bags and raking, though the majority upheld the denial of compensation.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award granting workers' compensation benefits to Robert L. Davis for an occupational disease injury. The Commission disregarded the employee's unemployment compensation findings as statutorily prohibited from use in workers' compensation proceedings under § 288.215.

The Commission affirmed the Administrative Law Judge's award denying compensation for an occupational disease claim involving repetitive stress to both upper extremities, finding res judicata principles precluded recovery. The employee had previously settled the same occupational disease claim on April 15, 2010, and the Commission found the denial of benefits was supported by competent and substantial evidence.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to claimant Daniel Deluca for an alleged occupational disease to his low back occurring on October 13, 2013. The judge found that although the injury arose out of and in the course of employment, it was ultimately not compensable under Missouri law, and no benefits were awarded.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits for an employee allegedly exposed to Lysol spray, finding no compensable injury or occupational disease. No benefits were awarded, and the Second Injury Fund had no liability.

The Labor and Industrial Relations Commission modified the administrative law judge's award in this workers' compensation case involving employee Manuel Duarte's occupational disease claim affecting his right shoulder. The Commission affirmed the finding of a work-related occupational disease with permanent total disability benefits, though the case involved procedural complications due to the employee's death during the appeal process.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that employee Connie Holloway sustained a compensable occupational disease injury to her right upper extremity due to repetitive job duties on March 1, 2017. This temporary/partial award is subject to further order pending determination of the nature and extent of permanent disability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation, finding that the employee's preexisting conditions did not constitute a hindrance or obstacle to employment under the Second Injury Fund statute. The Commission determined that competent and substantial evidence supported the award and that it was made in accordance with Missouri Workers' Compensation Law.

The Commission affirmed the administrative law judge's award denying compensation, finding that while the employee's repetitive trauma at Cargill resulted in permanent total disability, he failed to prove a pre-existing disability necessary to claim Second Injury Fund benefits. The employee's occupational disease arose from years of repetitive workplace duties rather than a single traumatic event.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying compensation to Teresa Flores against the Second Injury Fund, finding no liability for permanent partial disability or wage loss benefits. Although the employee's amended claim was timely filed based on the addition of new body parts (neck) to the original occupational disease claim, the Commission upheld the denial of benefits.

The Commission affirmed the Administrative Law Judge's award denying compensation to James Schlereth for an alleged repetitive trauma occupational disease claim affecting his bilateral upper extremities sustained while working in the laundry. No benefits were awarded despite findings that the injury was compensable under Chapter 287 and met all statutory requirements for workers' compensation.

The Commission reversed the Administrative Law Judge's award of 23.398 weeks of permanent partial disability benefits from the Second Injury Fund for an occupational disease claim (carpal tunnel syndrome). Under Missouri law § 287.220.3, occupational disease claims filed after January 1, 2014 are barred from seeking permanent partial disability benefits against the Second Injury Fund.

The LIRC reversed the ALJ's award of workers' compensation benefits to the spouse of a deceased funeral home worker, finding insufficient evidence that the worker was an employee or that an accident occurred within the course and scope of employment on April 17, 2017. The commission determined that the worker's status as a casual laborer and the circumstances of the incident did not meet the statutory requirements for workers' compensation coverage.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Ricky Volner for alleged repetitive strain injuries to his bilateral hands and wrists. The court 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 employee Debbie A. Shanks for injuries allegedly sustained from an influenza vaccination administered on October 1, 2013. The employee failed to prove she sustained a compensable injury by accident arising out of her employment, and therefore no medical or temporary total disability benefits were awarded.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Rommae Hayes, finding the employee was not a covered worker under Missouri law. Although the parties stipulated to a work-related injury on June 26, 2013, the majority concluded Ginger C, LLC was not subject to the Workers' Compensation Law based on the employee's status as an independent contractor rather than an employee.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to James Wurth for a November 2008 work-related injury. The Commission found that the claimant was unemployable in the open labor market prior to the injury, which disqualifies him from Second Injury Fund permanent disability benefits under Missouri law.

The LIRC reversed the ALJ's award of permanent total disability benefits to employee Lucille Schoen for injuries sustained from Cypermethrin exposure on May 8, 2009, finding that the weight of evidence does not support permanent total disability status. The Commission determined that the employee's work exposure caused only transient bronchitis and temporary irritation, and that the incidental knee injury sustained in the physician's office on May 22, 2009, should not be combined with the primary work-related injury for disability assessment purposes.

The Commission reversed the Administrative Law Judge's award of permanent total disability benefits to an employee who claimed occupational hearing loss and tinnitus from industrial noise exposure. The Commission found the employee's claim against the Second Injury Fund was untimely and rejected the conclusion that work-related hearing loss combined with preexisting Parkinson's disease resulted in permanent total disability.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to a truck driver who alleged exposure to dangerous fumes over five months. The claim was denied because the alleged occupational disease did not arise out of and in the course of employment under Missouri law.

The Commission affirmed the ALJ's award of permanent total disability benefits to employee Joseph Fronek for injuries sustained when struck by a vehicle at work, finding the accident was the prevailing factor in causing PTSD, post-concussion syndrome, and physical injuries. The Commission rejected the employer/insurer's challenges to the ALJ's credibility determinations regarding medical expert testimony and evidence, determining that competent and substantial evidence supported the award.

The Labor and Industrial Relations Commission modified the administrative law judge's award in this workers' compensation case involving Ronald Reynolds, who suffered a work injury on July 17, 2007 resulting in post-traumatic stress disorder and depression. The Commission affirmed the finding of permanent total disability but modified the award regarding past nursing care expenses and other compensation matters.

The Labor and Industrial Relations Commission reversed the Administrative Law Judge's decision denying workers' compensation for a deceased firefighter's non-Hodgkin's lymphoma, finding that the occupational disease claim should be compensated. The Commission determined that the firefighter presumption under Missouri law applied and that the administrative law judge failed to properly apply the burden of proof standards for occupational disease cases.

The Missouri LIRC modified the ALJ's award in a case involving Jesse Marquess's August 27, 2011 work injury and subsequent death on November 13, 2015. The Commission remanded the matter to determine whether the workplace accident was the prevailing factor in the employee's death and whether dependents Patricia Marquess and Hayley A. Marquess were entitled to death benefits under Chapter 287.