Filtered workers' comp decisions

The Commission affirmed the administrative law judge's award of workers' compensation benefits to employee Constance Lunn for a right shoulder fracture (right proximal humerus) sustained on September 8, 2006, while working at a school football game ticket booth. The employee was awarded 17.5% permanent partial disability benefits totaling $15,404.47 in additional temporary total disability and permanent partial disability compensation.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Norma Williams for a right shoulder injury sustained on August 20, 2007, when she tripped and fell on a concrete walkway at her workplace. The award included 40% permanent partial disability compensation, back medical expenses of $61,335.95, and additional benefits totaling $40,410.38.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Sonia Revels for a right shoulder and cervical spine injury sustained on November 9, 2001, when a box fell while she was stacking boxes at Fulton State Hospital. The claimant was awarded permanent partial disability benefits of 111-1/7 weeks and permanent total disability benefits of $224.14 per week beginning June 4, 2003, for a total award of $51,321.

The Commission affirmed the administrative law judge's award of 40% permanent partial disability for a right shoulder injury sustained when the employee's arm was caught in a bi-fold cockpit door on June 15, 2003. The employee, a Flight Service Manager/Purser with 36 years of service, underwent shoulder surgery and was found to have partial thickness rotator cuff tears with permanent weakness, precluding return to previous flight attendant duties.

The Commission modified the administrative law judge's December 2, 2009 award in a workers' compensation case involving a right shoulder injury sustained by journeyman lineman Jack Sanderson on January 14, 2004. The case addressed medical causation, past medical expenses, future medical care, temporary total disability, and permanent partial disability benefits, with the employee appealing the award of temporary total disability benefits and past medical expenses.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to David Martinez for injuries sustained on October 30, 2003, when he fell from a broken ramp railing while retrieving a core box. The award includes permanent partial disability compensation for left shoulder injury, psychiatric condition, and disfigurement, with the Second Injury Fund liable for permanent total disability benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation to truck driver Scott Knight for injuries sustained while cranking a trailer dolly. Knight claimed a work-related shoulder injury with numbness in his fingertips resulting from forcefully operating equipment on March 3, 2006, but the award was denied.

The Commission affirmed the administrative law judge's decision denying all workers' compensation benefits, finding that the claimant's alleged repetitive trauma injury to the right shoulder did not arise out of and in the course of employment. No compensation was awarded for temporary disability, permanent disability, or medical expenses.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Mary E. Miller for a right shoulder injury sustained on October 17, 2006, when she tripped and fell while walking in a hallway at Argosy Casino Riverside. The employee was awarded $27,952.70 in total compensation for temporary and permanent partial disability, plus medical expenses of $23,492.38 already paid by the insurer.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for an alleged right shoulder injury claimed to have occurred on September 30, 2008 during lifting activities. The claim was denied because the alleged accident did not arise out of and in the course of employment, and no compensable injury was established under Missouri law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of permanent partial disability benefits for an employee's May 26, 2004 work accident involving shoulder injury. The Commission rejected the dissenting opinion's argument for permanent total disability, finding the partial disability award supported by competent and substantial evidence.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Donald Hudgins for a right shoulder injury sustained on March 24, 1999, when he fell while filling an order. The Commission awarded 35% permanent partial disability to the right shoulder at 81.2 weeks plus medical bills totaling $29,076.47, with the Second Injury Fund covering medical expenses due to the employer being uninsured.

The Commission affirmed the Administrative Law Judge's decision denying additional workers' compensation benefits to Robert Hemp for a work-related injury sustained on August 8, 2001, while tightening a bolt at Christy Minerals Company. Although the injury to the right shoulder and associated conditions were deemed compensable, no additional compensation was awarded as all benefits had been previously settled.

The Commission reversed the administrative law judge's award that found a compensable work injury arising from a June 1, 2006 incident and ordered employer to pay for arthroscopic shoulder surgery and related care. The primary issue on appeal was whether the alleged June 1, 2006 work injury was the prevailing factor in causing the employee's right shoulder condition, given her prior motor vehicle accident in May 2004 and subsequent January 2006 shoulder surgery.

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.