Filtered workers' comp decisions

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.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for a left shoulder injury sustained on May 30, 2009, when the employee lifted and twisted while attaching machine hoses. The Second Injury Fund was held liable for permanent total disability benefits of $180 per week beginning February 10, 2012.

The Commission affirmed the administrative law judge's award of workers' compensation to Paula Eberhard for injuries sustained when a toilet paper dispenser fell on her left shoulder and face while using a McDonald's restroom during her employment as a travelling surveillance employee. The Commission determined the injury arose out of and in the course of employment because the use of public restrooms was necessitated by her job duties and exposed her to risks greater than those in normal nonemployment life.

The Commission affirmed the administrative law judge's award of permanent total disability benefits to Nancy McDonald for a left shoulder rotator cuff tear sustained in a May 22, 2007 fall, rejecting the employer's argument that a subsequent June 2007 lifting event should shift liability to the Second Injury Fund. The court found that the June lifting event aggravated the preexisting weakened condition from the initial fall rather than causing a new independent injury.

The Commission affirmed the administrative law judge's denial of compensation, finding that the employee's left shoulder rotator cuff tear resulted from a May 2007 fall rather than a June 2007 lifting event, and that the lifting event at most caused an aggravation of the preexisting condition. The employee was found to be permanently and totally disabled from the May 2007 injury, with psychological factors contributing significantly to the disability determination.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for an employee injured when he fell backwards and struck his left shoulder on a tractor trailer while unloading cargo in Atlanta, Georgia on December 16, 2008. The injury was found to be compensable under Missouri law with temporary disability and medical benefits awarded.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to employee Ricky Aufdenberg for a left shoulder injury sustained on December 16, 2008, while unloading a tractor trailer truck in Atlanta, Georgia. The injury was deemed compensable under Missouri law, and benefits for temporary disability and medical expenses were approved.

The Commission affirmed the administrative law judge's award of 15% permanent partial disability for the employee's right shoulder injury and rejected the employee's request to submit additional evidence on appeal. The decision upheld findings that the employee failed to prove future medical treatment would be necessary and deemed the Second Injury Fund liability issue abandoned.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits for employee Marilyn Anderson's claimed right shoulder injury. The ALJ found that the alleged injury did not arise out of and in the course of employment, making it non-compensable under Missouri law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Edward Arnold for a shoulder blade injury sustained on March 22, 2003, while driving a ground rod with a sledgehammer. Although the injury was found to be compensable and arose out of employment, no compensation was awarded due to the absence of permanent disability.

The Labor and Industrial Relations Commission reversed the administrative law judge's decision and determined the Second Injury Fund is liable for permanent total disability benefits. The employee sustained a left shoulder injury (proximal humerus fracture and rotator cuff tear) on December 7, 2007, when she fell on black ice, with the Commission finding the accident was the substantial contributing and prevailing factor in her injury despite significant preexisting disabilities.

The Commission modified the ALJ's award, finding that the employee's left shoulder injury alone did not cause total disability, as the employee had multiple prior work-related injuries (ankle, knees, neck, right shoulder, and lower back) that collectively contributed to his condition. The Commission applied the Second Injury Fund statute, recognizing that the employee's preexisting permanent partial disabilities constituted a hindrance to employment, with the primary shoulder injury being the cause of additional disability.

The Missouri LIRC modified the administrative law judge's award in this workers' compensation case involving a deceased employee's claim, rejecting the retroactive application of 2005 strict construction amendments. The Commission adopted a 'loading factor' methodology to calculate Second Injury Fund liability for permanent partial disability benefits related to a right shoulder injury sustained in 2002.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Robert A. Graham's right shoulder injury sustained on July 30, 1999, while carrying a fan motor at LATCO Contractors Incorporated. The employee settled his case for 10% permanent partial disability of the right shoulder, with the Commission approving the attorney's fee as fair and reasonable.

The Commission modified the Administrative Law Judge's award regarding the nature and extent of disability resulting from a work injury where the employee suffered a severe comminuted fracture to his dominant right shoulder requiring three surgeries including partial shoulder replacement after falling off a work bench and down a staircase. The Commission disagreed with the ALJ's finding that the employee did not suffer permanent total disability, citing significant injuries and complications from the July 2010 accident.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Matthew Branson for a right shoulder injury sustained on July 14, 2010, when he slipped on a mat without grips. The claimant was awarded 22.5% permanent partial disability of the right shoulder with compensation payable through the Second Injury Fund in the amount of $10,066.90.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Walter Kramer for injuries to both shoulders sustained in a fall down stairs on April 17, 2008. The employee was awarded permanent partial disability benefits of 16% to each shoulder and permanent total disability benefits from the Second Injury Fund.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Dennis F. Schenk for a left shoulder injury sustained in a fall from his truck on September 24, 2009. The employee was found to have suffered 50% permanent partial disability of the left shoulder, with compensation awarded for temporary total disability and medical expenses.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Norman Ott for a right shoulder injury sustained on April 30, 2008, while lifting a box overhead at Government Employees Hospital. The claimant was awarded 15 percent permanent partial disability to the right shoulder with compensation of $6,024.92 from the employer/insurer.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for Herbert Schnell's occupational injury sustained on February 4, 2004. The claimant was awarded permanent total disability benefits from the Second Injury Fund after falling on ice at work, injuring both shoulders and his cervical spine.

The Commission modified the administrative law judge's award regarding a right shoulder work injury sustained on January 10, 2007, rating the primary injury at 50% permanent partial disability of the right upper extremity while considering the employee's preexisting left shoulder disability from 1995. The decision addresses permanent total disability, finding that the employee's inability to compete in the open labor market results from a combination of the primary right shoulder injury and preexisting left shoulder disability.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Brian Dalton's right shoulder injury sustained on August 27, 2008, while lifting sheet metal that struck a pipe and jerked his arm backward. The employee was awarded 174 weeks of permanent partial disability benefits at 75% permanent disability with unpaid medical expenses of $269.80.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Rosetta McLeary for a right shoulder injury sustained on November 9, 2007, while working as a patient care technician. The employee was awarded 25% permanent partial disability totaling $32,610.00 in compensation, with liability shared between the employer and the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Mary Slinkard for a right shoulder and neck injury sustained on September 3, 2009, while carrying mattress tops at Campbell Mattress Company. The Second Injury Fund was found liable for permanent total disability benefits, and the employee received $11,550.06 in temporary total disability compensation plus $105,346.50 in medical aid.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Terence McAndrew for a right shoulder injury sustained in a fall at work on September 15, 2009. Although the accident occurred during employment, the ALJ determined the injury was not compensable under Missouri workers' compensation law, and no benefits were awarded.