Filtered Decisions

The Commission affirmed the administrative law judge's decision denying compensation to employee Arsenio Arciga for shoulder injuries allegedly sustained on February 23, 2010, while assisting a coworker. The Commission found the ALJ's award was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

The Commission modified the ALJ's award, allowing compensation for a November 22, 2002 work-related left shoulder injury (adhesive capsulitis) that resulted in permanent partial disability. The case involved determination of disability ratings and Second Injury Fund liability when combined with a preexisting June 1999 back injury.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for Melody Hannon's right shoulder injury caused by repetitively lifting motors at Regal Beloit Corporation. The claimant was awarded 46.40 weeks of permanent partial disability compensation, 27 weeks of temporary total disability, and $22,775.96 in unpaid medical bills.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award in a workers' compensation case involving an employee's claimed fall from a ladder resulting in a right arm injury requiring surgery. This is a temporary or partial award with proceedings remaining open for final determination.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to James Vann for a left shoulder injury sustained on February 1, 2007, while attempting to close an overhead door at work. The employee was found to have 23.7% permanent disability and is entitled to ongoing weekly compensation benefits of $348.29 for life, with additional support from the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Kent Spies' left shoulder injury sustained on November 9, 2006, while adjusting cardboard stacks at work. The employee was awarded compensation for temporary total disability, permanent partial disability (30%), unpaid medical expenses, and travel costs, with the Second Injury Fund bearing partial liability.

The Commission affirmed the administrative law judge's denial of compensation for Donna Moorman's claimed left shoulder injury from repetitive work as a bottle washer and packaging department employee. The employee failed to prove that her left shoulder condition arose out of her employment and that her work was the prevailing factor in causing her disability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Randy Doran for a claimed shoulder injury and depression, finding he failed to prove the requisite causal connection between his work and the injuries. The Commission found Dr. Haupt's orthopedic surgery opinion more credible than Dr. Volarich's opinion, noting that Dr. Volarich was misled regarding the employee's use of a slide hammer tool and lacked detailed knowledge of the actual work mechanics involved.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Elaine Hilgar Milson's right shoulder injury sustained on January 29, 2007, when she pushed open a school bus door. The claimant was awarded 30% permanent partial disability against the employer and permanent total disability benefits from the Second Injury Fund payable for her lifetime at $267.94 weekly.

The Commission reversed the administrative law judge's temporary award and denied compensation, finding that the employee failed to establish he sustained a work accident on September 30, 2006, due to inconsistent and non-credible testimony. The employee's account of a portable toilet falling and pinning him was contradicted by all other witnesses and prior deposition testimony.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Nora J. Wigger for an alleged right shoulder injury sustained while picking weeds. The injury was found not to have arisen out of and in the course of employment under Missouri workers' compensation law.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to employee Constance Lunn for a right shoulder fracture (right proximal humerus) sustained on September 8, 2006, while working at a school football game ticket booth. The employee was awarded 17.5% permanent partial disability benefits totaling $15,404.47 in additional temporary total disability and permanent partial disability compensation.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Norma Williams for a right shoulder injury sustained on August 20, 2007, when she tripped and fell on a concrete walkway at her workplace. The award included 40% permanent partial disability compensation, back medical expenses of $61,335.95, and additional benefits totaling $40,410.38.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Sonia Revels for a right shoulder and cervical spine injury sustained on November 9, 2001, when a box fell while she was stacking boxes at Fulton State Hospital. The claimant was awarded permanent partial disability benefits of 111-1/7 weeks and permanent total disability benefits of $224.14 per week beginning June 4, 2003, for a total award of $51,321.

The Commission affirmed the administrative law judge's award of 40% permanent partial disability for a right shoulder injury sustained when the employee's arm was caught in a bi-fold cockpit door on June 15, 2003. The employee, a Flight Service Manager/Purser with 36 years of service, underwent shoulder surgery and was found to have partial thickness rotator cuff tears with permanent weakness, precluding return to previous flight attendant duties.

The Commission modified the administrative law judge's December 2, 2009 award in a workers' compensation case involving a right shoulder injury sustained by journeyman lineman Jack Sanderson on January 14, 2004. The case addressed medical causation, past medical expenses, future medical care, temporary total disability, and permanent partial disability benefits, with the employee appealing the award of temporary total disability benefits and past medical expenses.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to David Martinez for injuries sustained on October 30, 2003, when he fell from a broken ramp railing while retrieving a core box. The award includes permanent partial disability compensation for left shoulder injury, psychiatric condition, and disfigurement, with the Second Injury Fund liable for permanent total disability benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation to truck driver Scott Knight for injuries sustained while cranking a trailer dolly. Knight claimed a work-related shoulder injury with numbness in his fingertips resulting from forcefully operating equipment on March 3, 2006, but the award was denied.

The Commission affirmed the administrative law judge's decision denying all workers' compensation benefits, finding that the claimant's alleged repetitive trauma injury to the right shoulder did not arise out of and in the course of employment. No compensation was awarded for temporary disability, permanent disability, or medical expenses.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Mary E. Miller for a right shoulder injury sustained on October 17, 2006, when she tripped and fell while walking in a hallway at Argosy Casino Riverside. The employee was awarded $27,952.70 in total compensation for temporary and permanent partial disability, plus medical expenses of $23,492.38 already paid by the insurer.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for an alleged right shoulder injury claimed to have occurred on September 30, 2008 during lifting activities. The claim was denied because the alleged accident did not arise out of and in the course of employment, and no compensable injury was established under Missouri law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of permanent partial disability benefits for an employee's May 26, 2004 work accident involving shoulder injury. The Commission rejected the dissenting opinion's argument for permanent total disability, finding the partial disability award supported by competent and substantial evidence.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Donald Hudgins for a right shoulder injury sustained on March 24, 1999, when he fell while filling an order. The Commission awarded 35% permanent partial disability to the right shoulder at 81.2 weeks plus medical bills totaling $29,076.47, with the Second Injury Fund covering medical expenses due to the employer being uninsured.

The Commission affirmed the Administrative Law Judge's decision denying additional workers' compensation benefits to Robert Hemp for a work-related injury sustained on August 8, 2001, while tightening a bolt at Christy Minerals Company. Although the injury to the right shoulder and associated conditions were deemed compensable, no additional compensation was awarded as all benefits had been previously settled.

The Commission reversed the administrative law judge's award that found a compensable work injury arising from a June 1, 2006 incident and ordered employer to pay for arthroscopic shoulder surgery and related care. The primary issue on appeal was whether the alleged June 1, 2006 work injury was the prevailing factor in causing the employee's right shoulder condition, given her prior motor vehicle accident in May 2004 and subsequent January 2006 shoulder surgery.