Filtered workers' comp decisions

The Commission reversed the ALJ's award of permanent total disability (PTD) benefits from the Second Injury Fund, finding that while the employee sustained a 22.5% permanent partial disability of the right shoulder from the November 3, 2017 work injury, the PTD resulted from a combination of the primary injury and multiple preexisting disabilities including prior knee and ankle injuries. The Court denied SIF liability for PTD benefits because the employee's PTD was not solely attributable to the primary injury combined with preexisting disabilities exclusive of a compensable 1995 left knee injury.

The LIRC affirmed the administrative law judge's award in a medical fee dispute where Timberlake Surgery Center sought additional reimbursement for authorized left shoulder rotator cuff surgery performed on employee James Noel. The court found the HCP's charges fair and reasonable, and entitled to payment, while denying pre-judgment interest and attorney's fees.

The Commission reversed the administrative law judge's award finding that an employee suffered a work-related right shoulder injury on April 27, 2018, when she struck her shoulder on a metal dye plate. The Commission determined that the employee was not entitled to workers' compensation benefits or additional medical care for the alleged injury.

The Missouri LIRC affirmed the administrative law judge's denial of workers' compensation benefits for Keavin Edwards' January 30, 2017 left shoulder injury, finding that the incident aggravated a preexisting condition rather than creating a new compensable injury. The Commission found Edwards' testimony not credible regarding the absence of shoulder problems between his 2008 surgery and the 2017 incident, and adopted medical opinions attributing his 35% permanent partial disability to preexisting degeneration and degenerative arthritis rather than the work incident.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to employee Dwayne Southerland for his September 6, 2011 shoulder injury. One commissioner dissented, arguing the Second Injury Fund should be liable for permanent total disability resulting from the combination of the primary injury and pre-existing conditions.

The Commission affirmed the administrative law judge's award denying workers' compensation benefits in a case involving a 2015 injury with preexisting conditions. One commissioner dissented, arguing that the employee's preexisting disabilities combined with the subsequent injury should qualify for Second Injury Fund liability for permanent total disability benefits.

The Commission affirmed the Administrative Law Judge's denial of the employee's Second Injury Fund claim, finding that the employee failed to demonstrate a qualifying preexisting disability that combined with his primary left shoulder injury to result in permanent total disability. The Court rejected the employee's reliance on Parker, noting that subsequent appellate decisions specifically endorsed the Commission's denial methodology requiring consideration of only a single preexisting disability in combination with the primary injury.

The Commission reversed the administrative law judge's award granting permanent total disability benefits from the Second Injury Fund, holding that the Fund is not liable under the correct application of § 287.220.3 RSMo. The reversal addressed Second Injury Fund liability following a work-related left shoulder and elbow injury, with the AWJ's ruling on future medical care remaining final.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of temporary or partial workers' compensation benefits for Edward Burns' left shoulder and neck injury sustained on November 29, 2017, when a lance slipped off a cart during repair work. The injury was found to be compensable under Missouri workers' compensation law, with medical expenses of $12,076.20 paid to date and the case kept open for further proceedings.

The Commission affirmed the administrative law judge's award allowing compensation for James Shields' permanent total disability claim resulting from his right shoulder injury on December 23, 2015. The decision upheld that the employee's permanent total disability was solely attributable to his primary work injury, making the employer/insurer liable under Missouri workers' compensation law.

The Missouri Court of Appeals reversed the Commission's prior decision and remanded the case with instructions to reinstate the ALJ's award of temporary total disability benefits for Jeffrey Hicks. The Commission issued this final award allowing compensation in the amount of $26,999.12 for temporary total disability benefits resulting from a left shoulder injury sustained during defensive tactics training on January 2, 2014.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Randy Lawrence for a right shoulder injury sustained on April 18, 2014, while picking up a thirty-pound clamp at Noranda Aluminum Inc. The injury was found to be compensable under Missouri workers' compensation law, arising out of and in the course of employment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's temporary award granting Georgetta Hull workers' compensation benefits and future medical treatment for a right shoulder injury sustained in a July 2, 2018 work accident. The majority found the award was supported by competent and substantial evidence, though a dissenting opinion argued the employee failed to prove medical causation between the work accident and the shoulder condition.

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits, finding that although the injury to the left shoulder occurred in the course of employment on July 15, 2009, the claim was filed outside the time required by law. No compensation was awarded to the employee Janet K. Scott.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to the estate of Lula Gray for an alleged left shoulder injury. The Commission found that while the employee was in the course of employment, the injury was not compensable under Missouri workers' compensation law, and no benefits were awarded.

The Missouri LIRC affirmed the administrative law judge's denial of workers' compensation benefits for Valerie Williams, finding that her left shoulder condition (glenohumeral and acromioclavicular joint arthritis with chronic rotator cuff tendinopathy) was not caused by a workplace fall on January 15, 2018. The court determined that while a traumatic work event occurred, it was not the prevailing factor in causing the resulting medical condition and disability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding that employee Ronald Williams suffered a 45% permanent partial disability of the right upper extremity and is permanently and totally disabled based on his April 2011 right shoulder injury combined with preexisting conditions. The Commission rejected the Second Injury Fund's argument that permanent total disability must be certified by specific physician opinion, holding instead that disability determination involves non-medical considerations including the worker's ability to compete in the open labor market.

The Commission affirmed the administrative law judge's award allowing workers' compensation for Keith Persley's acute subscapularis tear, finding the work accident was the prevailing factor in causing the injury and disability. The decision upheld reimbursement for reasonable and customary medical expenses, including reverse shoulder replacement surgery deemed necessary to cure and relieve the effects of the work injury.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to James Allen for a work-related injury occurring on May 5, 2015. The employee was awarded 169 weeks of permanent partial disability and 6 weeks of disfigurement compensation totaling $78,928.50, with medical aid of $57,814.59 already provided.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for James Allen's occupational injury occurring on February 1, 2015. The claimant was awarded 109 weeks of permanent partial disability compensation totaling $49,161.18, with medical aid of $28,393.02 already provided by the insurer.

The Labor and Industrial Relations Commission modified the administrative law judge's award, addressing the employee's entitlement to temporary total disability benefits and permanent partial disability following a January 2, 2014 shoulder injury. The Commission reconsidered the employee's post-injury misconduct and the subsequent discharge for failure to follow proper call-in procedures, ultimately modifying the award regarding temporary total disability benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Cheryl Mincks, finding that her alleged injury while carrying a box down a ladder did not arise out of and in the course of her employment. No compensation was awarded despite medical expenses of $4,487.42 having been paid by the insurer.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that the employee's left shoulder/arm injury sustained while installing a gas tank on July 6, 2017 was compensable under Missouri workers' compensation law. The Commission issued a temporary award ordering the employer/insurer to provide necessary medical treatment, with proceedings kept open for future final award determination.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Thomas Pierson's left shoulder injury occurring on November 12, 2012. The Commission rejected collateral estoppel arguments based on a prior 1999 neck injury claim, finding the two injuries were distinct and separately adjudicable.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing permanent total disability compensation for Barbara Simmons following a January 13, 2012 work injury to her right shoulder at Mercy Hospital St. Louis. A dissenting opinion argued the employee failed to prove permanent total disability, contending she could compete in the open labor market despite her injury.