Filtered Decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to a physical education teacher for varicose veins claimed as an occupational disease. The dissenting opinion argues the employee failed to prove the condition was an occupational disease rather than an ordinary disease of life, citing the employee's delayed claim filing and active lifestyle both at work and outside of work.

The LIRC reversed the Administrative Law Judge's award of workers' compensation death benefits to the dependents of Norman Heiskell, who died in November 2003 following an October 2003 accident at Golden City Foundry. The Commission concluded that the employee's death was not due to an accident arising out of and in the course of his employment, thereby denying the death benefits claim.

The Missouri LIRC affirmed the administrative law judge's award finding that employee Michael Eye contracted an occupational disease affecting his hands and upper extremities from his work as a team leader. A dissenting opinion argued the employee failed to establish sufficient workplace exposure through competent evidence to support the occupational disease claim.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Gregory Silva for a claim of workplace stress injuries. 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 workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying compensation to William Clark for occupational hearing loss of his left ear, finding the Second Injury Fund not liable. The dissenting opinion argued the decision conflicted with Supreme Court precedent on synergistic disability claims combining preexisting wrist disability with the work-related hearing loss.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Jim Faulkner for injuries allegedly sustained in an automobile accident on July 19, 1997. The Commission found that the accident 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 of workers' compensation benefits for an occupational disease affecting the brain and inner ear sustained on July 30, 2000. The employee was awarded permanent total disability compensation of $202.54 per week for life, effective July 6, 2004, along with future medical benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Neil Schaffer for an alleged work-related stress injury occurring on May 2, 2002. The Commission found that the injury did not arise out of and in the course of employment and therefore was not compensable under Missouri law.

The Commission reversed the Administrative Law Judge's award of temporary compensation, finding that the employee failed to sustain his burden of proving an injury arose out of and in the course of employment. The employee's loss of consciousness on April 15, 2005, was determined to be unrelated to work duties and likely attributable to his pre-existing medical condition of migraines and seizure history rather than a work-related accident.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Charlotte Rose for a cervical spine injury caused by repetitive data entry and typing work. The employee was determined to have permanent total disability with an average weekly wage of $590.08 and compensation rate of $393.39.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying compensation to Roger Patterson for an alleged back injury from February 6, 2006, finding the employee failed to meet his burden of proof regarding proper notice requirements. A dissenting opinion argues the decision should be reversed, contending the employee provided adequate verbal notice to the employer within the required timeframe and that the employer suffered no prejudice from the lack of written notice.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for Edward McNamee's death resulting from an infected finger cut sustained while performing electrical work on May 2, 2003. The employee's widow, Denise McNamee, was approved as the dependent beneficiary, and the claim was found to be compensable under Missouri workers' compensation law.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Barbara J. Vickers for an alleged C. difficile infection contracted at the employer's laundry facility. The employee failed to produce competent evidence that she was actually exposed to C. difficile or contracted it from environmental contact at the workplace, and therefore did not meet her burden of proof.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Darryl Z. Davis's cumulative trauma injury sustained while operating a dumpster truck on January 14, 2004. The injury to the employee's back, hips, and legs arising from repetitive work activities was found compensable as an occupational disease with permanent and total disability.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in a case involving cumulative trauma to the employee's shoulders from assembly work. Although the injury was deemed compensable and occurred during employment, the claim was previously settled and benefits were awarded to neither the employee nor the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that employee Ralph Brown's bilateral hand numbness and bilateral knee pain developed while performing job duties constituted a compensable occupational disease arising out of and in the course of employment. The award is temporary or partial in nature, with proceedings remaining open pending a final award.

The Commission affirmed the Administrative Law Judge's decision denying the employee's claim for permanent partial or permanent total disability benefits against the Second Injury Fund resulting from her October 2, 1999 injury. The Commission found that the employee failed to meet her burden of proof on the disability claim, though it addressed procedural issues regarding the admissibility of medical testimony.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Charles W. Lute's employment-related asbestos exposure claim. The decision upheld the ALJ's determination that Mr. Lute's occupational disease injury was compensable under the Missouri Workers' Compensation Act.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Sheila Dickson for a bilateral upper extremity and cervical spine injury sustained on July 31, 2004, while performing clerical duties. The Commission awarded $31,627.50 in total compensation, including $6,844.00 in unpaid medical expenses and $24,783.50 in permanent partial disability benefits reflecting 17.5% permanent disability.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Donald Hagan's occupational disease (dust inhalation) contracted on September 15, 1998 while operating a jackhammer. The employee was awarded permanent total disability benefits and compensation for temporary disability and past medical expenses.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Joan Panhorst for an alleged mental injury. The case was denied because the alleged injury did not arise out of and in the course of employment as required under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Michael Jones for lumbar spinal stenosis aggravated through thirty years of roofing work. The claimant was awarded 60 weeks of permanent partial disability compensation at $566.45 weekly, with the Second Injury Fund liable for permanent total disability benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for Vickie Schlosser's alleged chemical exposure claim dated February 9, 2000. The Commission found that the employee was not in employment at the time of the alleged incident and that the incident did not arise out of or in the course of employment.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Gregory R. Tayborn, a police officer injured on September 13, 2002. The case involved a dispute over whether the employee's permanent and total disability resulted from the work injury alone or a combination of the work injury and preexisting mental health conditions, with the majority finding the work incident was the primary cause.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to the widower of Linda Pharris for an occupational disease injury to her lungs and eyes sustained on September 20, 1996, when debris was thrown on her while performing paperwork. The employee received 104 weeks of permanent partial disability for eye injury and 40 weeks for asthma exacerbation, with total compensation of $25,920.00.