Filtered workers' comp decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Juanita Wall for injuries sustained when she fell while pushing a shopping cart at work. The Commission found that the injury did not arise out of and in the course of employment under Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits, finding that the April 28, 2015 accident was not the prevailing factor in causing the employee's shoulder condition. The court upheld the greater credibility of orthopedic surgeons Dr. Strong and Dr. Satterlee over occupational medicine expert Dr. Kopravica, whose opinions appeared based on incomplete information.

The Commission affirmed the administrative law judge's award of permanent total disability benefits, finding that the employee's left shoulder injuries identified on January 31, 2008, were natural and probable consequences of the original April 28, 2006 workplace accident. The employee's left shoulder injuries resulted from compensatory overuse of his left arm due to his primary right shoulder injury, making them compensable as a direct result of the original injury.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Ronald Sanford for a left shoulder rotator cuff injury, with a supplemental correcting opinion clarifying the surgical history. The Commission found the ALJ's award of compensation was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

The Commission affirmed the administrative law judge's award allowing compensation for a severe right shoulder injury sustained on April 11, 2012, finding the employee suffered 32.5% permanent partial disability and is permanently and totally disabled based on the injury combined with preexisting conditions. The Commission rejected the Second Injury Fund's argument that permanent total disability requires explicit physician certification of inability to work, holding instead that the determination involves both medical and non-medical factors including the employee's ability to compete in the open labor market.

The Commission affirmed the Administrative Law Judge's award of temporary total disability benefits to Lisa Leech for a right shoulder/arm injury sustained on August 5, 2015 while lifting tubs at her workplace. The employee was awarded 70.86 weeks of temporary total disability compensation at $142.38 per week, with ongoing benefits continuing from the hearing date until she is no longer temporarily totally disabled.

The Commission modified the administrative law judge's award regarding the nature and extent of permanent disability and liability for future medical treatment in this shoulder and wrist injury case. The employee (Thomas Wann) was found to have sustained permanent partial disabilities of both shoulders and wrists, with the Commission reviewing disputed issues of permanent total disability, future medical care, and disfigurement.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Mohammed Parviz for a right shoulder injury sustained on March 18, 2011 while rolling a patient at St. Luke's Hospital. The claim was denied because it was not filed within the time required by law.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding average weekly wage, future medical care, and the nature and extent of disability for Heather Bass, who sustained injuries to her left shoulder and elbow along with a psychiatric condition. The Commission adopted the ALJ's findings on permanent partial disability benefits while addressing disputes over compensation rates and medical care liability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits for Darrell Anderson's work-related right shoulder injury sustained on April 8, 2010, while removing a transmission from a truck. The employee was awarded 25% permanent partial disability benefits totaling $6,936.71 through the Second Injury Fund.

The Commission affirmed the administrative law judge's award allowing workers' compensation for Daniel Payton's left shoulder injury sustained on March 10, 2014, while lifting a soccer goal at his school district employer. The employee was determined to have permanent total disability resulting from the injury, with the insurer liable for unpaid medical expenses and ongoing compensation.

Alex Amato was awarded temporary partial disability benefits of $17,587.53 for 27 weeks following a right shoulder injury sustained on July 6, 2015 while pruning a tree limb for Shade Tree Service Company. The award is temporary and subject to modification pending a final determination, with ongoing medical treatment and disability compensation to be provided.

The LIRC affirmed the administrative law judge's award of workers' compensation benefits to Deborah Bolden for a left shoulder injury sustained on September 5, 2013, while assisting a disabled student at her school. The case involved settlement with the employer and insurer, with the Second Injury Fund determined liable for permanent total disability benefits.

The Commission modified the administrative law judge's award regarding Second Injury Fund liability in this workers' compensation case involving a right rotator cuff tear. The employee, age 55 at maximum medical improvement with a 10th-grade education and GED, appealed the denial of permanent total disability benefits, arguing the ALJ erred in its determination.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Tammy Stieferman for a right shoulder injury sustained when she tripped over a roll of fabric on April 21, 2014. Although the Commission found that an accident occurred during employment, no compensation was awarded in this temporary award decision.

The Commission affirmed the Administrative Law Judge's award allowing temporary compensation to employee Tammy Stieferman for a right shoulder injury sustained when she tripped over a roll of fabric on April 7, 2014. The proceedings remain open pending a final award determination.

The Labor and Industrial Relations Commission modified the administrative law judge's award of past medical expenses for a right and left shoulder work injury, reducing certain charges that lacked adequate supporting treatment records. The Commission affirmed most of the $46,164.17 award but adjusted specific charges from chiropractic and physical therapy providers based on documentation review.

The Commission modified the administrative law judge's award to correct a clerical error, changing the permanent partial disability rating from 30% to 35% for the right shoulder, consistent with the parties' stipulated agreement. Employer/insurer is now liable for $34,345.16 in permanent partial disability benefits for the February 3, 2010 compensable work injury.

The Commission affirmed the Administrative Law Judge's decision denying further compensation in this case, finding the injury to the right shoulder was compensable but settlement had already been reached. Kenneth D. Phillips received $79,521.92 in temporary disability and $154,352.73 in medical aid, with no additional compensation awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent total disability benefits to William Palmer for a work-related left shoulder injury sustained on June 2, 2011, when he was pinned between a trash truck and a pole. The employer was ordered to pay weekly permanent total disability benefits of $432.18 for the remainder of the claimant's life.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Steven R. Bladdick for a left shoulder injury sustained on April 6, 2012, when he fell down stairs while carrying EMS equipment in full fireman's gear. The award included 69.6 weeks of permanent partial disability (PPD) from the employer and 90.3 weeks of PPD from the Second Injury Fund, totaling $38,394.66.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Frank Ponticello for a right shoulder injury sustained on July 14, 2010 while reaching to move cases of beer. The claimant was awarded 58 weeks of permanent partial disability compensation totaling $24,277.64 for 25% permanent partial disability of the right shoulder.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Huston Pointer for a left shoulder injury sustained on May 17, 2010, when he fell from a ladder while shoveling lime. The employee was awarded 20% permanent partial disability of the left shoulder, 15% permanent partial disability of the body as a whole, and was deemed permanently and totally disabled due to the injury combined with preexisting disabilities.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that the employee's left shoulder injury sustained while lifting a 200-pound door on July 15, 2013, was a compensable workers' compensation claim. The award is temporary or partial in nature, with proceedings kept open for further order pending a final award.

The Missouri Court of Appeals reversed part of the Commission's April 2014 award, finding the Commission exceeded its authority by deciding subrogation issues. The Commission modified the administrative law judge's award by removing the subrogation section while affirming all other aspects of the award.