Filtered workers' comp decisions

The Commission reversed the ALJ's denial of workers' compensation benefits for an employee who suffered a rotator cuff tear and biceps tendonitis from 16+ years of repetitive meat-cutting duties. The Commission found the ALJ erred in relying on a shoulder surgeon's opinions lacking substantial foundation while dismissing the opinions of the employee's treating orthopedic surgeon who was familiar with the employee's actual job duties.

The Labor and Industrial Relations Commission modified the administrative law judge's award in a workers' compensation case involving Manuel Duarte's right shoulder occupational disease injury sustained on March 31, 2009. The Commission affirmed the finding of a compensable occupational disease and permanent total disability, with the employer/insurer remaining liable rather than the Second Injury Fund.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding workers' compensation benefits for an employee's workplace injury sustained on December 15, 2011. The Commission reviewed disputed issues including employer's medical treatment direction waiver, liability for medical expenses and temporary total disability benefits, and the extent of permanent disability benefits.

The Labor and Industrial Relations Commission modified the administrative law judge's award in a workers' compensation case involving an employee who sustained bilateral plantar fasciitis as an occupational disease from prolonged standing and walking on hard surfaces during employment with the Missouri Department of Corrections. The Commission addressed whether preexisting conditions combined synergistically with the occupational disease to warrant additional permanent partial disability benefits and Second Injury Fund liability.

The Commission modified the administrative law judge's award, affirming that the employee sustained a work-related accident from driving over a bumpy road on January 3, 2014, but modifying the finding regarding the nature and extent of disability. The employer/insurer's appeal challenging the accident determination and permanent total disability finding was partially granted, with the disability determination being modified.

The Commission modified the ALJ's award in a workers' compensation case involving hypersensitivity pneumonitis caused by dust exposure in the workplace beginning July 8, 2007. The employee was found to be permanently and totally disabled, with the employer liable for past and future medical expenses related to the occupational disease and its treatment complications.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding the employee's average weekly wage and compensation rates for temporary total and permanent total disability benefits. The Commission affirmed the finding of 45% permanent partial disability and liability of the Second Injury Fund for permanent total disability benefits, while adjusting the compensation rate calculation methodology.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Clayton Hosmann for claimed cumulative trauma injury to his lower back. The court found the employee lacked credibility and that medical evidence demonstrated his back condition was an unrelated progressive immune-mediated disease rather than an occupational injury.

The Commission affirmed the Administrative Law Judge's denial of the employee's claim for permanent partial disability benefits from the Second Injury Fund, finding that § 287.220.3(2) prohibits filing such claims for injuries occurring after January 1, 2014. The employee's primary injury occurred on January 22, 2014, placing it outside the scope of allowable Second Injury Fund claims under Missouri workers' compensation law.

The Commission affirmed the administrative law judge's award finding the employee permanently and totally disabled due to a primary injury from November 2008 combined with preexisting disabling conditions. The Second Injury Fund's argument that the employee could compete in the open labor market was rejected, as his minimal part-time employment secured through personal connections and earning approximately $150-180 per week does not demonstrate capacity for substantial gainful employment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Sylvia Johnson for alleged illness from a mandatory flu vaccination. The Commission found that the alleged injury did not arise out of and in the course of employment as required by Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's temporary award finding that the employee's bilateral upper extremity injury from repetitive work activities (gripping, grabbing, use of vibratory sander, and twisting) at Harley-Davidson on November 30, 2015, was compensable under Missouri workers' compensation law. The award is temporary/partial, subject to future modification, with future medical care awarded and a 25% attorney lien applied.

The Missouri LIRC affirmed the administrative law judge's award denying workers' compensation benefits to Yolanda Harris for an alleged occupational disease. The Commission found that the claimant's condition did not arise out of and in the course of her employment as a customer service representative, despite proper notice and timely filing.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Shirlane Horton, finding that her alleged injury to the left upper extremity from grabbing a patient lift bar or repetitive trauma as a housekeeper did not arise out of and in the course of employment. No compensation was awarded.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Tammy Edgerton for an alleged lung injury from breathing fumes while cleaning a bathroom. The Commission found that the alleged injury did not arise out of and in the course of employment and therefore was not compensable under Missouri law.

The Commission affirmed the administrative law judge's award of workers' compensation to Barbara Head for an occupational disease injury involving her left arm and shoulder sustained during employment at Harley-Davidson. The injury arose from both a machine malfunction incident and repetitive trauma from lifting and manipulating motorcycle gas tanks, with the occupational exposure determined to be the prevailing factor in causing the medical condition and disability.

The Commission modified the Administrative Law Judge's award to allow workers' compensation benefits for mesothelioma, an occupational disease caused by toxic exposure during employment. The Court determined that the surviving spouse of the deceased employee is entitled to mesothelioma benefits under Missouri's 2014 statutory amendments, with liability fixed as of the diagnosis date rather than exposure date.

The Missouri Court of Appeals reversed the Commission's original decision and remanded the case with instructions to award permanent total disability benefits against the Second Injury Fund. The LIRC issued a final award granting permanent total disability benefits to James Wickam beginning September 29, 2004, at differential and stipulated weekly rates, continuing for his lifetime.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Barbara Fuller for an occupational disease injury sustained on August 29, 2011, involving repetitive gripping and grasping work. The employee was awarded compensation for temporary disability, permanent partial disability of both wrists, and disfigurement benefits totaling $55,168.54.

The Commission affirmed the administrative law judge's award of workers' compensation to Paul Brown for heat exhaustion injuries sustained while working as a general manager at a Domino's Pizza location on July 8, 2012. The claimant was awarded $44,707.90 in compensation for past medical expenses and 35 weeks of permanent partial disability benefits representing 8.75% of the body as a whole.

The Missouri LIRC reversed the administrative law judge's decision and awarded compensation to the estate of William Franken for cancer causally related to occupational exposure to beryllium and radiation during his employment as an electronic fabricator and senior analyst. The Commission found that the statute of limitations claim was inapplicable and that the employee's occupational disease was causally connected to his work at the nuclear weapons manufacturing facility.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that the employee contracted compensable bilateral plantar fasciitis as an occupational disease from working on concrete floors. The employer was ordered to provide necessary medical treatment and pay temporary total disability compensation of $15,012.71.

The Commission reversed the administrative law judge's decision and awarded workers' compensation benefits, finding that the employee's occupational exposure to aerosolized toxic chemicals in the boiler room was the prevailing factor in causing his cardiac arrest on November 4, 2012. The employee, who had prior cardiac conditions from histoplasmosis-related fibrosing mediastinitis, suffered cardiac arrest after working two days in the contaminated boiler room at ConAgra's food processing facility.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Gracie Stevenson for a cervical spine injury sustained on June 18, 2004 when she tripped on debris while standing in a pickup truck bed. The claimant was awarded 40% permanent partial disability of the body as a whole, totaling $55,528.00 in compensation.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to employee Gracie Stevenson for a high blood pressure condition that occurred while digging at work on June 15, 2005. The Commission found no compensable injury or occupational disease under Missouri law despite confirming an accident occurred and the claim was timely filed.