Filtered workers' comp decisions

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.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Ivan Fall for an occupational disease incident occurring on April 11, 2008, that arose out of and in the course of employment. The employee was awarded $4,997.97 in past medical expenses, future medical treatment coverage, and a 15% permanent partial disability award for the body as a whole.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Timothy R. Parker for occupational asthma caused by chemical exposure at his workplace on March 3, 2009. The employee was awarded 25% permanent partial disability of the body as a whole, with total compensation of $38,700.00 plus future medical benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent and total disability benefits to Sandra Mazzocco for a compensable occupational disease that occurred on January 10, 2000, while employed by the Department of Elementary and Secondary Education. The employee is entitled to weekly compensation of $578.48 beginning December 27, 2005, with medical expenses totaling $302,706.07 already paid by the insurer.

The Missouri Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Craig Wingbermuehle's compensable occupational disease injury occurring on September 16, 2010. The case involved the City of St. Louis as employer and the Second Injury Fund, with all parties having settled.

The Labor and Industrial Relations Commission modified the administrative law judge's decision to find that the employee sustained permanent total disability rather than 50% permanent partial disability resulting from a work injury. Beginning September 15, 2010, the employer is liable for weekly permanent total disability benefits at the rate of $344.19 for the employee's lifetime.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for an employee who developed dermatitis in his right hand from work involving wood staining with sprayers in 2006. The commission found the award supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

The Missouri Court of Appeals reversed the Commission's denial of workers' compensation, finding the Commission applied an incorrect standard for causation in a blood-borne pathogen exposure case. The Commission on remand issued this final award allowing compensation to the widow of a lab technician who was exposed to blood and body products during his 37-year employment without proper safety precautions.

The Missouri LIRC reversed the administrative law judge's award that found the employee permanently and totally disabled from an October 2008 occupational disease injury to the left wrist combined with preexisting conditions, and denied Second Injury Fund liability. The employee, a 60-year-old bricklayer with over 40 years of experience and a prior history of back, shoulder, and wrist injuries, was found to have sustained a 14% permanent partial disability of the left wrist but did not meet the criteria for permanent total disability.

The Commission affirmed the administrative law judge's award allowing workers' compensation for an occupational disease affecting the employee's bilateral upper extremities, finding credible testimony that the condition was work-related and that the employee is unable to compete in the open labor market. The employer is liable for temporary total disability benefits based on the employee's physical condition and inability to work.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Sylvia Llanos for a repetitive strain occupational disease injury to both wrists sustained on June 23, 2003. The Commission approved total compensation of $53,715.16 including medical expenses, temporary and permanent partial disability benefits, and disfigurement compensation.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation to Larry L. Green, finding insufficient evidence that ether exposure caused his unconsciousness and subsequent vehicle accident. The Commission corrected a minor clerical error identifying a physician's name and concluded that Green's heart condition, rather than occupational exposure, was the likely cause of the incident.

The LIRC affirmed the administrative law judge's decision denying workers' compensation benefits to Julia Reno for alleged occupational disease of the back and cervical spine from repetitive heavy lifting, finding she failed to prove causal relationship to her employment. A dissenting opinion argued the evidence supported permanent partial disability awards based on Dr. Volarich's opinion that heavy lifting at the St. Louis plant caused her lumbar and cervical spine conditions.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that David D. Phillips' bilateral arm injury sustained while working as a blast furnace operator on August 7, 2011, was compensable under Missouri workers' compensation law. This temporary and partial award is subject to further order, with proceedings remaining open until a final award can be made.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding past medical expenses and future psychiatric treatment for Sandra Rainbolt's work-related injury from January 18, 2009. The Commission determined the employer is not liable for $280 in past psychiatric expenses incurred with Dr. Brockman since the employee selected her own physician without notifying the employer of the need for psychiatric treatment, but clarified the scope of future medical treatment obligations.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to nurse Lori Lawson for injuries sustained when a patient kicked her in the abdomen and punched her in the face on September 30, 2009. The claimant was awarded 35% permanent partial disability benefits with permanent total disability differential benefits of $384.51 per week for 140 weeks, followed by lifetime permanent total disability benefits of $807.48 per week.

The Commission reversed the administrative law judge's decision and awarded compensation to employee Elmer T. Bowyer for an occupational disease of the right shoulder arising from 30 years of physically demanding maintenance work. The decision found credible evidence that repetitive tasks including lawn mowing, snow plowing, and event setup over decades caused the shoulder condition with no external causative factors.

The Labor and Industrial Relations Commission reversed the administrative law judge's award and decision, finding that the employee's work as an EMT, involving repeated heavy lifting and carrying of stretchers with obese patients under difficult conditions, was the prevailing factor in causing occupational disease affecting the low back, shoulder, and hip. The Commission determined that the employer is liable to furnish medical care and provide temporary total disability benefits from February 18, 2011, forward.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding that employee Kristin Lane sustained a compensable occupational disease (bilateral upper extremity injuries from repetitive work activities) on February 28, 2011. This temporary award authorizes the employer to provide necessary medical treatment and is subject to further modification pending a final award.

The Commission modified the administrative law judge's award by denying the employee's entitlement to future medical treatment, finding that any ongoing treatment needed relates to her preexisting COPD rather than the work-related pneumonia. The employee's work-related pneumonia injury was allowed for compensation, but employer liability for future medical care was reversed based on Dr. Barkman's more persuasive testimony.

The Commission reversed the administrative law judge's denial of workers' compensation benefits for an occupational disease claim by Ricky Blanchard, who worked as a shipping supervisor at Staples for 23 years. The reversal was based on findings that the ALJ failed to properly understand the extent of the employee's hand activities at work and incorrectly weighed expert medical opinions regarding causation.

The Commission modified the Administrative Law Judge's award regarding whether Schoemehl v. Treasurer of State applies to entitle the employee's wife to permanent total disability benefits upon his death from non-work-related causes. The case addresses whether the legislative abrogation of Schoemehl on June 26, 2008 retroactively precluded benefits for a claim filed after that date but with an injury occurring before the abrogation.

The Commission affirmed the administrative law judge's award of permanent total disability compensation to Marlene Stewart for a February 2009 work injury, finding the Second Injury Fund liable despite her preexisting chronic conditions. The decision established that Stewart's demonstrated ability to compete in the labor market and secure multiple part-time positions before the primary injury negated claims she was permanently and totally disabled beforehand.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Christine Moore for claims arising from verbal and mental harassment by coworkers in April 2008. The court found that the alleged injury did not arise out of and in the course of employment and was therefore not compensable under Missouri workers' compensation law.

The Commission affirmed the administrative law judge's award of permanent total disability benefits from the Second Injury Fund, rejecting the Fund's argument that occupational disease cannot be a primary injury. The employee was found to be permanently and totally disabled due to the combined effects of the occupational disease injury and preexisting disabilities.