Filtered Decisions

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to David Yocum for a shoulder condition claimed to be work-related. Although a dissenting opinion argued that medical evidence supported aggravation of the shoulder condition from grinding work activities, the majority found the evidence insufficient to establish the work activities as a substantial contributing factor.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to John E. Downing for a shoulder injury sustained in a fall down stairs at a sand plant on October 27, 2000. No compensation was awarded in the case despite the injury arising out of and in the course of employment.

The Commission affirmed the Administrative Law Judge's award finding the employee's shoulder and upper extremity injury compensable, modifying only the allocation of past medical expenses between insurers. The case was determined to be a temporary or partial award with proceedings kept open for potential further orders.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Janet Kersting's left shoulder injury sustained in a February 12, 2002 workplace fall. The employee was awarded 74% permanent partial disability of the left upper extremity and permanent total disability beginning September 5, 2005.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Phillip Sanders for a left shoulder injury sustained on August 28, 2000, while working for Ward Plumbing and Heating Co. The claimant was awarded compensation for temporary disability, permanent partial disability (30%), and necessary medical expenses totaling $21,685.95.

The Commission affirmed the Administrative Law Judge's decision denying compensation in this workers' compensation case involving a nursing employee kicked in the shoulder by a patient on October 16, 2002. Although the injury was found to be compensable and arose out of employment, no permanent disability was determined, resulting in zero compensation awarded despite prior temporary disability and medical payments.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Andrew Hayden for a left pectoralis muscle tear suffered on June 29, 2004, finding the award supported by competent and substantial evidence. One dissenting commissioner argued the injury resulted in permanent partial disability to the body as a whole at 20% rather than 7% at the shoulder.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying compensation for a claimed right shoulder injury on May 24, 2001. The Commission found that while the injury was deemed compensable and work-related, no additional benefits were awarded to the employee.

The Commission affirmed the Administrative Law Judge's award granting workers' compensation benefits to Leonard Slankard for a slip and fall injury at work on August 12, 2002, that resulted in bilateral shoulder injuries with permanent partial disability. The Second Injury Fund was found liable for permanent total disability benefits at a weekly differential rate of $146.24.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Velma Aaron for a right shoulder and thoracic injury sustained on April 1, 1999, while pulling a container at Lutheran Senior Services, Inc. The claimant was awarded $3,346.60 in total compensation for 5% permanent disability of the body as a whole related to the back and right shoulder.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to David Trimmer for an alleged fall while stacking batteries on September 9, 2003. The Commission found that the injury was not proven to have arisen out of and in the course of employment, resulting in no compensation award.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for a right shoulder injury sustained on March 26, 2002, while loading linen bags. Although the injury was found to be compensable and arose out of employment, no permanent partial disability was determined and all temporary disability and medical benefits had already been paid or provided.

The Commission affirmed the Administrative Law Judge's award finding the employee's left shoulder injury compensable under Missouri workers' compensation law, arising from an accident on January 11, 2005 while loading a water softener into a truck. The temporary partial award includes unpaid medical expenses of $296.65 with proceedings continued for future determination of additional benefits.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Robert McDonough's occupational injury sustained in a fall on February 2, 1999. The employee was awarded 32.5% permanent partial disability benefits totaling $3,536.76 from the Second Injury Fund, with additional compensation previously paid for temporary disability and medical aid.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation to Christopher Crow for a right shoulder injury sustained on February 7, 2001, while loading a trailer at Cassens Transport Company. The employee was awarded $38,557.38 in total compensation including unpaid medical expenses, temporary total disability, and permanent partial disability benefits for 20% permanent disability of the right shoulder.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Robert Mayne for a shoulder injury allegedly sustained on September 16, 2003 while pulling a pin on a tandem. No compensation was awarded, and Second Injury Fund liability was denied.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Albert Olive for a left shoulder and neck injury sustained on September 10, 2002, when he slipped on oil and grease while working as a truck driver. The claimant was awarded 40% permanent partial disability for the left shoulder and 2.5% for the neck, along with temporary disability compensation and medical benefits totaling approximately $102,044.86.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Michael W. Scott for a right shoulder injury sustained on January 19, 2001, while lifting a battery changer for a forklift. The employee was awarded 10% permanent partial disability of the right upper extremity at the 232-week level, along with temporary total disability compensation and medical benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Mike Burks' left shoulder injury sustained on July 31, 2000, when he slipped while carrying an overhead hood at a Ford Motor Company facility in St. Louis County. The employee was awarded compensation for 7.5% permanent partial disability of the left shoulder, with necessary medical aid of $1,667.85 paid by the self-insured employer.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Raymond Nelson for a right shoulder injury sustained on November 30, 2001, while employed at ABB Power T & D Company. The award included temporary disability compensation, permanent partial disability benefits, and medical aid, with the Second Injury Fund contributing to permanent total disability benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Mark H. Frumhoff for a right shoulder injury allegedly sustained on April 21, 2004. The Commission found that the injury did not arise out of and in the course of employment, making it non-compensable under Missouri workers' compensation law.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Lynn Knox for a right shoulder injury sustained on July 15, 2002, while reaching for merchandise at Garden Ridge Management. The claimant was awarded 30% permanent partial disability with total compensation of $17,406.27, with liability shared between the employer's insurer and the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to James Hayes for an alleged left shoulder injury sustained on May 6, 2002, while pouring molten metal. The Commission found that the injury did not arise out of and in the course of employment and therefore was not compensable under Missouri workers' compensation law.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Oscar Graves for a right shoulder injury sustained while lifting a dock plate on December 20, 2000. The employee was awarded 40 percent permanent partial disability and permanent total disability benefits from the Second Injury Fund.