Filtered workers' comp decisions

The Labor and Industrial Relations Commission modified the administrative law judge's award in this occupational disease case involving respiratory issues caused by mold and dust exposure. The modification added provisions for the employee's spouse to receive permanent total disability benefits under specified conditions.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for a work-related back injury caused by repetitive heavy lifting, but reversed the denial of costs/attorney's fees, finding the employer acted unreasonably in denying the claim. The employee was awarded past medical expenses, temporary total disability benefits, permanent partial disability benefits, and costs equal to attorney's fees incurred.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for Deborah Allen's occupational disease injury involving bilateral hands, fingers, and right shoulder sustained from repetitive motion activities on May 1, 2007. The Second Injury Fund was determined liable for 11.25 weeks of permanent partial disability compensation totaling $4,236.19.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Carol Herrington for an occupational disease injury that arose out of her employment at Cedar Ridge Manor on June 10, 2008. The Commission rejected the employer/insurer's arguments regarding future medical care, finding that the employee's medical expert's credible opinion regarding the need for future treatment outweighed the treating physician's silence on the matter.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Kathleen Sikes for injuries sustained in a slip and fall accident on April 3, 2007, while taking out trash at her workplace. The employee was awarded compensation for permanent partial disability and medical expenses totaling $256,577.08, with the Second Injury Fund liable for permanent total disability benefits.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to James Burke for a compensable occupational disease injury to his cervical spine. The decision rejected the Second Injury Fund's argument that occupational diseases are excluded from triggering Second Injury Fund liability.

The Commission modified the administrative law judge's decision in a workers' compensation case involving employee Fadil Music, who claimed aggravation of a preexisting personality disorder during treatment. The Commission reversed the finding that the Second Injury Fund was not liable and found the administrative law judge's decision contained misstatements of law and factual findings not supported by evidence.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation to employee Douglas Wyckoff, finding that the employer was liable for past medical expenses despite initially denying treatment based on a competing medical opinion. The Commission held that once an employer denies compensation for a work injury, the employee may pursue independent treatment and later seek reimbursement, as the employer waives its statutory right to direct care.

The LIRC modified the administrative law judge's decision to allow compensation for post-traumatic stress disorder (PTSD) resulting from a February 7, 2009 work accident involving a tow-truck driver. The decision addresses disputes regarding permanent partial disability, temporary total disability, medical expenses, and the credibility of medical experts regarding the employee's injuries.

The Commission reversed the Administrative Law Judge's decision denying permanent partial disability benefits, finding that the employee suffered compensable psychiatric injury (major depression and panic disorder with agoraphobia) with preexisting conditions amounting to 30% permanent partial disability. The Second Injury Fund was found liable for additional permanent total disability benefits based on the combined effect of work-related and preexisting conditions.

The Commission reversed the administrative law judge's denial of workers' compensation benefits for the deceased employee, a Deputy Chief of the Liberty Fire Department who died from hypertension, enlarged heart, and arteriosclerosis. The decision recognizes that the employee's work duties, including emergency response and occupational exposures, were substantial factors in causing the fatal cardiac condition.

The Missouri LIRC affirmed the ALJ's award finding employee Wanda Wright permanently and totally disabled solely due to physical and psychological disabilities from the primary injury. Permanent total disability benefits were awarded commencing March 26, 2008, the day following termination of temporary total disability benefits.

The Commission modified the administrative law judge's award in a workers' compensation case involving an occupational disease claim for repetitive work injury to the right shoulder. The employee was awarded compensation for temporary total disability and permanent partial disability benefits, with modifications regarding notice, medical expenses, Second Injury Fund liability, and future medical treatment.

The Commission affirmed the ALJ's amended award granting Ozie C. Prier permanent total disability benefits against the Second Injury Fund, with a maximum medical improvement date of December 20, 2007. The Commission rejected arguments from the employee and Second Injury Fund regarding an earlier MMI date and the alleged overpayment credit for temporary total disability benefits.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award of permanent total disability benefits by removing a 15% enhancement under § 287.120.4 RSMo that was inapplicable to claims against the Second Injury Fund, reducing the compensation rate from the enhanced amount to $233.00 per week. The Commission affirmed all other aspects of the administrative law judge's decision and approved the attorney's fee as fair and reasonable.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's temporary or partial award finding that claimant Manfred Meadows sustained a compensable occupational disease injury to his neck and body as a whole from repetitive lifting at work on March 20, 2008. The award provides for future temporary total or temporary partial disability benefits and future medical care, with proceedings kept open pending a final award.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Raymond Smuzeski for a work-related injury sustained on July 2, 2009, but reversed the assessment of costs against the employer due to lack of reasonable grounds for such assessment. The decision clarifies that costs may only be assessed against a party defending a case without reasonable grounds, and such discretion must be exercised with great caution.

The Commission affirmed the administrative law judge's finding that the employee is permanently and totally disabled, but clarified that the Second Injury Fund is not liable because the permanent total disability did not result from a combination of the primary injury and preexisting disabilities. The Commission remanded the case to address Second Injury Fund liability for permanent partial disability benefits, which the administrative law judge had failed to resolve.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to James Hoerschgen, finding that work-related stress was not a substantial factor in his depressive condition and failed to meet the extraordinary stress standard. The Commission determined the employee was not entitled to medical treatment, temporary total disability benefits, or permanent disability benefits, and the Second Injury Fund had no liability.

The Commission affirmed the Administrative Law Judge's award finding the Second Injury Fund liable for 30.04 weeks of permanent partial disability benefits for the employee's bilateral elbow occupational disease injury in combination with preexisting disabling conditions. The Commission rejected the Second Injury Fund's arguments that occupational disease injuries do not qualify as compensable injuries triggering Second Injury Fund liability under Missouri law.

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to Ted Jackson against the Second Injury Fund. The decision rejected the Second Injury Fund's argument that Jackson's disability resulted solely from his last injury, finding instead that his preexisting disabilities synergistically combined with the last injury to cause his permanent total disability.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to James M. Blanton for a cumulative occupational disease injury to his right upper extremity sustained while working as a mechanic for American Airlines. The claimant was awarded permanent partial disability benefits of 20% to the right upper extremity at the 210-week level, with the Second Injury Fund contributing to the award.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that a certified Nurse's Aide's exposure to repetitive use of both wrists and elbows at a nursing home constituted a compensable occupational disease. This temporary or partial award establishes liability and entitlement to benefits, with proceedings kept open for determination of final compensation amounts.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Trina Hamilton's occupational disease involving bilateral upper extremities caused by repetitive use of upper extremities. The Second Injury Fund was found liable for permanent total disability benefits of $14.69 weekly differential plus $368.74 for the claimant's lifetime.

The Commission affirmed that the employee sustained a compensable work injury from a sexual assault that occurred on November 15, 2006, causing post-traumatic stress disorder and major depression, and modified the administrative law judge's award regarding the rate of compensation for permanent partial disability benefits. The employee was found 45% permanently partially disabled and entitled to workers' compensation benefits.