Filtered workers' comp decisions

The Commission affirmed the administrative law judge's denial of workers' compensation benefits, finding that the employee failed to establish extraordinary or unusual work-related stress due to unreliable testimony regarding alleged harassment. The court found the employee's account of harassment incidents to be unpersuasive and lacking in credibility, partly based on inconsistencies with a prior claim against a different employer.

The Commission affirmed the administrative law judge's award denying compensation for an occupational disease claim by employee Cheryl E. Tauvar, finding that her medical causation evidence did not persuasively support that work was a substantial factor in causing her condition. The decision clarifies that under Missouri law, an occupational disease is compensable only if clearly work-related and meeting statutory requirements, not merely because work was a triggering or precipitating factor.

The Commission affirmed the administrative law judge's award denying workers' compensation benefits for an occupational disease claim involving the right shoulder. The employee failed to establish by a preponderance of credible evidence that permanent disability resulted from her approximately three weeks of work exposure in Missouri rather than from non-compensable prior or subsequent events.

The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for Kent Kersten's work-related stress claim, finding he failed to prove that job-related stress was the prevailing factor in causing his psychiatric disability. The Commission determined that Kersten did not demonstrate he was subjected to extraordinary or unusual work stressors that arose out of and in the course of his employment as a prosecutor.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Tonya L. Fattig for a cumulative occupational injury to her neck and left upper extremity sustained through repetitive handling of books of plates at Johnson Controls Battery Group, Inc. The employee is entitled to temporary total disability benefits from October 24, 2013 through the hearing date of July 10, 2014, at a weekly rate of $639.05.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that employee Avry Harris sustained a compensable occupational disease injury to his neck and upper body from repetitive twisting while operating a clamp truck/forklift on June 29, 2011. This temporary or partial award provides for continued and ongoing future medical care, with proceedings kept open for final award determination.

The Commission affirmed the Administrative Law Judge's award finding that Eric Sharp's bilateral hand/wrist injuries from repetitive jackhammering activities were compensable occupational diseases arising out of and in the course of his employment with Tarlton Corporation. This temporary or partial award is subject to further proceedings for a final determination of benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Althea Burlison for occupational disease injuries to her left leg and left arm sustained on 8-14-2009 and 7-2-2010 while performing duties as a certified medical technician. The award includes $6,600.00 in permanent partial disability compensation (5% body as a whole for 2009 injury) plus previously paid medical expenses and temporary disability compensation totaling $31,595.81.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Timothy Maloney for a compensable occupational disease injury occurring on June 11, 2010. The Commission rejected the employer's arguments regarding strict construction of permanent total disability standards and found the employee met the legal test for permanent total disability based on competent and substantial evidence.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that the employee's bilateral upper extremities injury from repetitive job activities was compensable under Missouri workers' compensation law. The award is temporary and partial, with the employee entitled to additional medical aid, and proceedings remain open for a final award.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to employee Abby Couch for an occupational disease claim against the Second Injury Fund. The Commission upheld that the claim was not barred by the statute of limitations under Missouri law.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding Second Injury Fund liability in this workers' compensation case. The Commission addressed evidentiary issues and recalculated the Second Injury Fund's liability for permanent partial disability benefits related to a May 5, 2010 accident.

The Commission affirmed the administrative law judge's award, finding that the employee provided timely notice of her occupational disease claim involving lower extremity injury from repetitive standing and walking duties. The court rejected the employer's argument that the claim lacked effective notice of injury time, concluding the employee's claim for compensation filed before the triggering medical opinion constituted proper notice under § 287.420.

The Missouri LIRC modified the administrative law judge's award, finding the Second Injury Fund liable for permanent total disability benefits rather than just permanent partial disability. The Commission determined that the employee, with an IQ of 63, a fourth-grade education, and a learning disability combined with a work injury from May 1, 2006, meets the criteria for permanent total disability despite the ALJ's reliance on the employee's brief employment history.

The Missouri LIRC reversed the administrative law judge's award granting workers' compensation benefits, finding that the employee was hired in Kansas rather than Missouri, thus lacking proper jurisdiction under § 287.110 RSMo. The Commission determined that the conditional job offer was accepted in Missouri, but employment was not actually established until after the employee completed a physical and drug test in Kansas, where all work duties were performed.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Randy Smith for an alleged occupational disease of the cervical spine and right shoulder caused by overhead lifting and neck turning. No compensation was awarded, and the claim against the Second Injury Fund was denied in full.

The Commission reversed a temporary award from the administrative law judge that contained an inadvertent clerical error including an attorney fee lien that was never requested. The employee's claim for an occupational disease of the bilateral upper extremities was denied, as the evidence did not support that a work-related occupational disease was the prevailing factor in causing her condition.

The Commission affirmed the denial of the employee's claim for hearing loss due to failure to file timely, but reversed the denial of the tinnitus claim. The decision addresses whether David Clevenger's occupational disease claims related to noise exposure on the assembly line were barred by the statute of limitations.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Allen Sparks for an occupational disease claim, finding that the employee satisfied the statutory notice requirements under § 287.420 RSMo. The Commission disagreed with the administrative law judge's reasoning on burden of proof regarding notice but reached the same conclusion that the facts clearly established timely notice was provided.

The Commission modified the administrative law judge's award, affirming the denial of permanent total disability benefits from the Second Injury Fund while clarifying that employee's permanent partial disability from the last injury does not combine with prior conditions to create total disability. The decision also addresses enhanced permanent partial disability calculations in accordance with Missouri Supreme Court precedent regarding Second Injury Fund liability.

The Commission affirmed the administrative law judge's award allowing workers' compensation for an occupational disease claim by David A. Trimmer against Johnson Controls, Inc. The Commission determined that the claim was not barred by res judicata doctrine and that the employer failed to present additional significant evidence to modify the temporary award.

The Commission modified the Administrative Law Judge's award to clarify that return to work is only one factor in permanent total disability analysis and is not evidence of ability to compete in the open labor market. The Commission reversed the denial of future medical care, finding that the employee need only show reasonable probability rather than conclusive evidence that future treatment is necessary for work-related effects.

The Missouri LIRC affirmed the Administrative Law Judge's award finding that the employee Mike Brune sustained a compensable occupational disease to his bilateral hands from repetitive work as an Assembly Tech on June 1, 2004. The employer and self-insurer are ordered to provide all required benefits including medical treatment and temporary total disability, with the award being temporary/partial pending final determination.

The Labor and Industrial Relations Commission reversed the Administrative Law Judge's three awards denying compensation after the judge failed to act on remand orders for over a year. The Commission conducted a de novo review and issued a Final Award allowing compensation due to the judge's failure to comply with statutory duties and judicial conduct requirements.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation to Rodney Roberts for a fall from a 6-foot stepladder in a warehouse that resulted in injuries to his ribs and lungs with 22.5% permanent partial disability. The Commission determined that Charter Communications, Inc. is responsible for paying all awarded benefits after the insurer was found insolvent.