Filtered Decisions

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding that Melvin Shomaker's right shoulder injury sustained while dragging and pulling gasoline hoses for Home Service Oil Company was compensable. The award includes $20,568.29 in unpaid medical expenses, 48 weeks of temporary total disability benefits of $28,399.20, and future medical care, with the case remaining open for further orders.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding that Ann K. Chepely's left shoulder injury sustained on September 30, 2007, while working on a factory line at Meramec Group, Inc. was compensable under Missouri workers' compensation law. The award is temporary or partial, with future medical benefits awarded and proceedings kept open for final determination.

The Commission affirmed the administrative law judge's decision awarding no compensation in this workers' compensation case. Although the employee's right shoulder injury from lifting a vacuum cleaner was deemed compensable and the employee settled for 36.40 percent permanent partial disability, no additional benefits were awarded by the Commission.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in this case. Although the employee's injury (neck and left shoulder pain from loading boxes) was found to be compensable and work-related, no ongoing compensation was awarded as all temporary disability and medical expenses had already been paid.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Suljo Cuskic for bilateral rotator cuff tears, finding the evidence insufficient to establish causation. A dissenting opinion argued the employee met his burden of proof regarding the causal connection between his work duties and the shoulder injury.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Judy A. Harder's left shoulder injury sustained on April 7, 2005, while unloading merchandise at Burlington Coat Factory. The Second Injury Fund was held liable for 50 weeks of permanent partial disability benefits totaling $11,511.50 for 25% permanent disability of the left upper extremity.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Donna DeShaney for a left shoulder injury sustained in April 1998 when a rack slipped during her routine job duties at MEMC Electronic Materials, Inc. The case involved permanent total disability against the Second Injury Fund with a weekly compensation rate of $240.00.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to the dependents of Timothy J. Gant, who died following a work-related slip and fall on ice on December 3, 2003. Although the accident arose out of and in the course of employment, no compensation was awarded as the injury was determined to be non-compensable under Missouri law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Damon B. Hosick for an alleged right shoulder injury allegedly caused by continuous lifting of heavy pipes and metal parts from June 2000 to July 31, 2003. The Commission found that the injury did not arise out of and in the course of employment under Chapter 287 and was therefore not compensable.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding the employee's left shoulder injury compensable under Missouri workers' compensation law. The injury occurred on July 6, 2007, when the employee tripped and fell while going to get a lift at the nursing home; this is a temporary or partial award with final compensation to be determined later.

The Commission modified the ALJ's award, increasing the employee's permanent partial disability enhancement from the Second Injury Fund from 26.66 weeks to 84.32 weeks ($30,783.55) based on the synergistic combination of a primary right shoulder injury (30% PPD) with multiple pre-existing disabilities. The Commission found that the pre-existing disabilities of both shoulders, lumbar spine, both knees, and both hands created a synergistic effect warranting a 20% loading factor enhancement.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding the employee's work-related injury to the neck, left shoulder, and left upper extremity compensable under Missouri Workers' Compensation Act. The decision awards temporary total disability benefits and medical aid, with the case remaining open for final determination.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Petty Cheung for a right shoulder, collarbone, and neck injury sustained on October 25, 2004, while employed at Hong Kong Tea House Incorporated. The injury resulted from repetitive lifting and carrying trays and was determined to be compensable with 28% permanent partial disability to the body as a whole.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Gerald Gordon for a work-related shoulder injury on October 21, 2005. The Commission found that Gordon failed to prove his work accident was the prevailing factor in causing his massive rotator cuff tear requiring surgery, given his prior 1993 rotator cuff repair history.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Donna M. Blankenship for a shoulder injury sustained on November 19, 2003. The Commission found the award supported by competent and substantial evidence and in accordance with the Missouri Workers' Compensation Act, though a dissenting opinion argued the employee should have been found entitled to permanent total disability benefits against the Second Injury Fund.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Edward Dunn, Jr.'s right shoulder injury sustained on February 12, 2001, while lifting a lid on a metal container at his workplace in St. Louis, Missouri. The employee was awarded 47.5% permanent partial disability benefits, with the Second Injury Fund liable for 34.66 weeks of permanent partial disability compensation totaling $10,892.25.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to the widow of Carl Sullivan for a right shoulder injury sustained on December 20, 2002, while pulling out a fence post during his employment. The employee was awarded 58 weeks of permanent partial disability compensation totaling $19,726.96, with medical expenses of $21,638.27 already paid by the insurer.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Ronald O'Neal for a right shoulder injury sustained on December 16, 2003, while making conveyor belts at Beltservice Corporation. The claimant was awarded compensation for permanent disability of 30% of the right shoulder, 5% body as a whole for psychiatric injury, and permanent total disability against the Second Injury Fund due to the combination of the primary injury and preexisting injuries.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Edward Michalik's work-related injury on January 11, 2005. The majority affirmed the decision, though a dissenting opinion argued the administrative law judge erred in denying benefits for the right shoulder injury, which the dissent contended was causally related to the work accident.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Larry Barton's right shoulder injury sustained on June 23, 2004, while working on a construction project at an Air Force Base in Texas. The employee was awarded 25% permanent partial disability of the right upper extremity at the shoulder level.

The Commission affirmed the administrative law judge's award allowing workers' compensation for Albert Griffin's work-related right shoulder injury sustained on September 20, 2005, while pulling a hose. The claimant was awarded 58 weeks of compensation at $343.73 per week totaling $19,936.34 for 25% permanent partial disability to the right shoulder, plus medical expenses of $20,788.30 already paid.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits despite finding the injury compensable under Chapter 287. Although the claimant sustained a right shoulder injury when his jacket became caught in machinery on March 11, 2005, no compensation was awarded in the final determination.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation to employee Vivian Houston for a work-related shoulder injury sustained on August 29, 2003. A dissenting opinion argued the decision should be modified to include an award of past medical expenses, as the employee was penalized for seeking treatment after an employer-referred doctor concluded the injury was not work-related.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Terry Mosier's right shoulder injury sustained on August 25, 2002, while moving equipment at his workplace in St. Louis, Missouri. The injury was found to be compensable with 25% permanent disability at the 232-week level.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for Charlotte K. Stone's bilateral shoulder injury sustained on March 31, 2005 at Dixon Nursing & Rehabilitation LC. The Commission found the injury compensable under Missouri law and awarded temporary/partial disability benefits totaling $14,784.19 for unpaid medical expenses and temporary disability weeks.