Filtered workers' comp decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Theresa Thompson for a low back injury sustained on July 20, 2010 while lifting and shelving copper coils. The claimant was entitled to temporary total disability benefits, permanent partial disability compensation, and medical aid totaling over $223,000, with additional underpayment and back pay amounts owed.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award granting permanent total disability compensation to Donald Brown for his work-related injuries to his back and left elbow. The Commission rejected the Second Injury Fund's argument that an anxiety disability should be considered in the PTD determination, finding that non-qualifying psychiatric disabilities need not be factored into the analysis.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Jason L. Collins' occupational disease claim involving cumulative trauma to his back and right lower extremity sustained while employed as a truck driver/laborer. The Commission rejected the employer's argument that an untimely answer resulted in admission of all facts including legal conclusions about whether the injury arose out of employment.

The LIRC affirmed the administrative law judge's denial of the employee's workers' compensation claim for a January 18, 2019 work injury to his left elbow. The employee's testimony regarding the alleged work accident lacked credibility due to inconsistencies and failure to identify a specific time and place of occurrence as required by Missouri law.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Brian Cox, finding no compensable occupational disease or accident under Missouri law. The case involved disputed causation regarding whether Cox's carpal tunnel syndrome arose from his employment duties at the smelter or loading dock positions.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Lance Lanier for an injury sustained on December 1, 2017, finding that the work accident was not the prevailing factor in causing his medical condition and disability. The Commission held that the employee failed to meet his burden of proof that the injury arose out of and in the course of employment as required under Missouri law.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits in a Second Injury Fund claim. The employee failed to meet the statutory requirements under § 287.220.3 for establishing a qualifying preexisting disability that, combined with a subsequent work-related injury, would result in permanent total disability.

The Commission affirmed the ALJ's denial of Second Injury Fund compensation for claims involving a January 2016 bilateral wrist injury and low back injury, finding that non-qualifying preexisting disabilities cannot be considered in determining permanent and total disability eligibility. The employee's argument that preexisting work-related conditions with fewer than fifty weeks of disability could be included in the PTD award was rejected based on the Supreme Court's holdings in Parker and Klecka.

The Commission affirmed the ALJ's award on insurance coverage regarding a fatal workplace accident where employee Luis Estrada fell from a forklift-elevated wooden box, suffering massive head injuries. The decision addressed compensability and insurance coverage issues under Missouri workers' compensation law, with the injury deemed compensable but coverage disputed between insurers.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to employee Rommal Whitefoot. The Commission found that the Division complied with statutory notice requirements by sending the hearing notice via certified mail to the employee's last known address, rejecting the employee's claim that he received insufficient notice of the February 1, 2022 hearing.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of death benefits to the widow of Russell Hayes, a volunteer firefighter killed in the line of duty. The majority awarded death benefits at the statutory minimum wage rate of $40.00 per week, though a dissenting opinion argued for a higher wage determination based on the statutory provisions for calculating average weekly earnings.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation to Donna Burns for injuries arising out of her employment at Wal-Mart. The employer/insurer's application for review was denied, with the Commission finding the ALJ's decision supported by competent and substantial evidence.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Robert P. Dahman for injury no. 17-090567, sustained on August 6, 2017. The Commission found the award was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in this case. Missouri was determined to lack jurisdiction over the claim, resulting in no compensation being awarded.

The Commission affirmed the administrative law judge's award of permanent total disability benefits to employee John J. White, Sr. following a fall from a concrete mixer truck on June 14, 2018. The employee is entitled to weekly compensation of $923.01 for life beginning April 10, 2019, with all past due compensation bearing interest as provided by law.

The Commission affirmed the ALJ's award allowing workers' compensation, finding that the employee failed to establish that her July 17, 2014 work event constituted a new and distinct injury separate from her prior June 4, 2014 lifting injury. The employee's unimpeached testimony and expert evidence were deemed insufficient to meet the burden of persuasion required to establish a separate Second Injury Fund claim.

The Commission affirmed the ALJ's award of 5% permanent partial disability of the body as a whole for Timothy R. McCann's June 1, 2018 work injury, finding Dr. Lennard's evaluation more credible than Dr. Koprivica's higher assessment. The Commission also determined that McCann is not permanently and totally disabled based on his employment history, work capacity evaluation, and ability to compete in the open labor market.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying compensation to Carl Hanes for an alleged occupational disease from radiation exposure at the Department of Corrections. The Commission found the employee failed to provide proper notice and that the injury did not arise out of and in the course of employment, resulting in no benefits awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Elizabeth A. Steele for injuries sustained when a patient slammed his leg down on her head, neck, and shoulders while she was working as a critical care unit nurse. The Commission found the award was supported by competent and substantial evidence and determined the employee is entitled to permanent and total disability benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's Temporary or Partial Award in a workers' compensation case for employee Cynthia Porter, finding the award supported by competent and substantial evidence. The Commission upheld the ALJ's determination that the claimant's diabetes was well-controlled, rejecting the employer/insurer's challenge to this medical finding.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits in this case involving deceased employee William Hogan with injury date August 5, 2000. No compensation was awarded, and the decision was supported by competent and substantial evidence in accordance with Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's awards for two workers' compensation injury cases (15-061022 and 16-024233) involving employee Linda Miller, finding the awards supported by competent and substantial evidence. The Commission found certain expert testimony credible, including Dr. David Brown, Dr. Michael Nogalski, vocational expert Benjamin Hughes, and treating physician Dr. Benjamin W. Verdine, while rejecting other expert opinions.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Kathryn Crowley for her work-related injury. The Commission found the award was supported by competent and substantial evidence and complied with Missouri Workers' Compensation Law, rejecting the employee's ten points of appeal including claims regarding wage calculation, temporary total disability benefits, and post-injury termination.

The Commission affirmed the ALJ's award denying workers' compensation benefits to employee Calvin D. Flemons for injuries sustained in a rear-end collision while operating a company-owned vehicle on January 10, 2017. The Commission found that the employee failed to prove the accident was the prevailing factor in causing the injury or that it arose from a risk related to employment rather than a hazard to which he would have been equally exposed in normal nonemployment life.

Following a Missouri Court of Appeals mandate reversing the Commission's initial decision, the Commission entered a final award granting permanent total disability (PTD) benefits to employee Alan Marberry for cervical spine injuries (35% PPD) and recurrent back pain (10% PPD). The Second Injury Fund is liable for PTD benefits beginning June 28, 2018, at a differential rate of $422.34 weekly for 180 weeks, then $886.92 weekly for life.