Filtered workers' comp decisions

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.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Lisa Earley for a left shoulder injury sustained on September 24, 2001, while hanging a beaded dress at Dillard's. The claimant was awarded 23.2 weeks of permanent partial disability compensation totaling $6,322.00 for 10% permanent partial disability of the left shoulder.

The Commission reversed the Administrative Law Judge's decision denying Second Injury Fund liability, finding that the employee was entitled to compensation for permanent partial or permanent total disability benefits. The case involved a May 24, 2007 right shoulder injury with a supraspinatus tear requiring surgery, complicated by preexisting conditions that the ALJ had found not credible.

The Commission affirmed the administrative law judge's award of permanent total disability benefits for an employee who sustained a right shoulder injury while lifting a 25-pound ham at a Walmart facility. The Second Injury Fund was ordered to pay weekly compensation of $233.33 for the claimant's lifetime beginning September 29, 2010.

The Commission affirmed the administrative law judge's award granting workers' compensation benefits to James Ryan for a left shoulder injury sustained on July 27, 2007 while operating a lift at work. The award includes 23.2 weeks of permanent partial disability compensation totaling $9,025.73, and the Second Injury Fund claim was denied.

The Labor and Industrial Relations Commission affirmed the administrative law judge's temporary or partial award in a workers' compensation case involving Barbara Simmons, a billing specialist at Mercy Hospital St. Louis who suffered a right proximal humerus fracture when she fell on a linoleum floor while walking to an elevator. The case remains open for further proceedings to determine a final award.

The Commission affirmed the Administrative Law Judge's award of compensation for Linda Dorris's shoulder injury sustained when she tripped and fell on a street while walking between office locations during employment-related activities. The injury was determined to arise out of and in the course of employment because the employee had direct and greater exposure to the specific risk of tripping on poor pavement in the direct path between workspaces.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to David Brading for a left shoulder injury sustained on November 7, 2009, when a pry bar slipped and struck his shoulder while working. The Commission found the injury compensable and approved permanent partial disability compensation of 27.5% of the left shoulder, with the Second Injury Fund liable for 35.975 weeks of benefits totaling $15,216.35.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding Second Injury Fund liability for permanent partial disability benefits resulting from a compensable right shoulder injury. The Commission disagreed with the finding that the employee had a preexisting 20% permanent partial disability of the right knee as of the date of the primary injury, finding insufficient evidence that the knee condition was disabling at that time.

The Commission affirmed the administrative law judge's decision but modified the award to increase the pre-existing permanent partial disability of the employee's left shoulder from 12.5% to 17.5% based on credible testimony of deterioration and medical evidence. The Second Injury Fund was found liable for 31.29 weeks of permanent partial disability benefits totaling $12,173.06.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Judy Gunn for a right shoulder injury sustained on May 10, 2008, from repetitive use and lifting in the course of employment. The Second Injury Fund was found liable for 31.96 weeks of permanent partial disability totaling $12,433.72.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Allen Mills for a left shoulder injury sustained on September 6, 2005 while loosening a bolt at work. The claimant was awarded permanent total disability benefits, with the Second Injury Fund liable for ongoing weekly benefits of $696.97 for his lifetime.

The Labor and Industrial Relations Commission modified the administrative law judge's September 21, 2012 award in a workers' compensation case involving a right shoulder injury sustained on December 7, 2007. The modification added provisions for the employee's wife to receive Permanent Total Disability benefits if she remains married to the employee and he predeceases her, with entitlement ceasing upon her death or remarriage.

The Commission reversed the administrative law judge's award finding the Second Injury Fund liable for permanent total disability benefits for an employee who suffered bilateral rotator cuff tendonitis from a fall on ice in a truck stop parking lot on December 24, 2004. The employee had significant preexisting conditions including cardiovascular disability from a prior heart attack, diabetes, and sleep apnea, which complicated the assessment of disability attributable solely to the primary shoulder injury.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Hiba Sadic for an alleged right shoulder injury occurring on April 4, 2006, while working on a production line at Semco Plastics Company. The Commission found that the injury did not arise out of and in the course of employment, and therefore no compensation was awarded.

The Commission affirmed the Administrative Law Judge's award granting permanent total disability benefits to Clyde Crane for a left shoulder injury sustained on July 2, 2008, finding that medical evidence supported causation despite preexisting shoulder problems. The court determined that the work injury caused a rotator cuff tear and was the prevailing factor in the employee's permanent total disability, with benefits to be paid by the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation to Donald K. Shelton for a right clavicle injury sustained on December 6, 2002, while working as a field maintenance operator. The Commission found the injury compensable with 50% permanent partial disability of the right shoulder, with the claim against the Second Injury Fund being upheld.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to employee Jimmie Stanford for a right shoulder injury sustained on September 1, 2006, while operating a chainsaw. The award includes permanent partial disability compensation of 45% of the right shoulder, temporary total disability benefits, and unpaid medical bills, totaling $78,350.81.

The Commission affirmed the administrative law judge's denial of Second Injury Fund liability for an employee's left shoulder injury sustained on June 13, 2007, finding the employee failed to meet threshold requirements under Missouri law. The employee had a pre-existing left shoulder disability from a prior 2004 work injury and sustained only an additional 10% disability from the 2007 injury.

The Missouri LIRC affirmed the administrative law judge's award granting workers' compensation to Terry L. O'Connor for a left shoulder injury sustained on January 24, 2006, when a parked truck overturned 90 degrees into an excavation. The employee was awarded $6,352.39 in compensation for 7.5% permanent disability to the left shoulder at the 232-week level, plus necessary medical aid of $17,180.

The Missouri Court of Appeals remanded the case for reconsideration of the Second Injury Fund's synergistic combination argument, and the Commission affirmed the administrative law judge's denial of compensation. The Commission found the employee had a 5% preexisting permanent partial disability of the right shoulder at the time of his 2003 work injury.

The Commission affirmed the Administrative Law Judge's decision denying compensation in a workers' compensation case where the employee suffered a shoulder injury lifting trash cans. Although the injury was deemed compensable and arose out of employment, no benefits were awarded as the case had been previously settled.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Thomas Skornia for a left shoulder injury sustained on August 29, 2008, while employed as a sheet metal worker. The employee was found to have permanent total disability due to the combination of his shoulder injury and inability to return to his vocational occupation.

The Commission modified the administrative law judge's award to clarify that the employee is permanently and totally disabled due to the work-related right shoulder injury considered alone, and remanded the Second Injury Fund liability question for further determination. The employee, injured in August 2001 while working as a bus monitor, suffered a serious shoulder injury requiring four surgeries including total shoulder replacement, resulting in debilitating ongoing pain.

The Commission affirmed the ALJ's decision denying the employee's claim for benefits against the Second Injury Fund following a left shoulder injury sustained while moving file boxes. The employee failed to prove the presence of an actual and measurable disability prior to the work injury that would constitute a hindrance to employment, which is required to trigger Second Injury Fund liability.