Filtered workers' comp decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding the employee's work-related injury to the neck, left shoulder, and left upper extremity compensable under Missouri Workers' Compensation Act. The decision awards temporary total disability benefits and medical aid, with the case remaining open for final determination.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Petty Cheung for a right shoulder, collarbone, and neck injury sustained on October 25, 2004, while employed at Hong Kong Tea House Incorporated. The injury resulted from repetitive lifting and carrying trays and was determined to be compensable with 28% permanent partial disability to the body as a whole.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Gerald Gordon for a work-related shoulder injury on October 21, 2005. The Commission found that Gordon failed to prove his work accident was the prevailing factor in causing his massive rotator cuff tear requiring surgery, given his prior 1993 rotator cuff repair history.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Donna M. Blankenship for a shoulder injury sustained on November 19, 2003. The Commission found the award supported by competent and substantial evidence and in accordance with the Missouri Workers' Compensation Act, though a dissenting opinion argued the employee should have been found entitled to permanent total disability benefits against the Second Injury Fund.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Edward Dunn, Jr.'s right shoulder injury sustained on February 12, 2001, while lifting a lid on a metal container at his workplace in St. Louis, Missouri. The employee was awarded 47.5% permanent partial disability benefits, with the Second Injury Fund liable for 34.66 weeks of permanent partial disability compensation totaling $10,892.25.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to the widow of Carl Sullivan for a right shoulder injury sustained on December 20, 2002, while pulling out a fence post during his employment. The employee was awarded 58 weeks of permanent partial disability compensation totaling $19,726.96, with medical expenses of $21,638.27 already paid by the insurer.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Ronald O'Neal for a right shoulder injury sustained on December 16, 2003, while making conveyor belts at Beltservice Corporation. The claimant was awarded compensation for permanent disability of 30% of the right shoulder, 5% body as a whole for psychiatric injury, and permanent total disability against the Second Injury Fund due to the combination of the primary injury and preexisting injuries.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Edward Michalik's work-related injury on January 11, 2005. The majority affirmed the decision, though a dissenting opinion argued the administrative law judge erred in denying benefits for the right shoulder injury, which the dissent contended was causally related to the work accident.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Larry Barton's right shoulder injury sustained on June 23, 2004, while working on a construction project at an Air Force Base in Texas. The employee was awarded 25% permanent partial disability of the right upper extremity at the shoulder level.

The Commission affirmed the administrative law judge's award allowing workers' compensation for Albert Griffin's work-related right shoulder injury sustained on September 20, 2005, while pulling a hose. The claimant was awarded 58 weeks of compensation at $343.73 per week totaling $19,936.34 for 25% permanent partial disability to the right shoulder, plus medical expenses of $20,788.30 already paid.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits despite finding the injury compensable under Chapter 287. Although the claimant sustained a right shoulder injury when his jacket became caught in machinery on March 11, 2005, no compensation was awarded in the final determination.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation to employee Vivian Houston for a work-related shoulder injury sustained on August 29, 2003. A dissenting opinion argued the decision should be modified to include an award of past medical expenses, as the employee was penalized for seeking treatment after an employer-referred doctor concluded the injury was not work-related.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Terry Mosier's right shoulder injury sustained on August 25, 2002, while moving equipment at his workplace in St. Louis, Missouri. The injury was found to be compensable with 25% permanent disability at the 232-week level.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for Charlotte K. Stone's bilateral shoulder injury sustained on March 31, 2005 at Dixon Nursing & Rehabilitation LC. The Commission found the injury compensable under Missouri law and awarded temporary/partial disability benefits totaling $14,784.19 for unpaid medical expenses and temporary disability weeks.

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 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 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 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.