Filtered workers' comp decisions

The LIRC affirmed the ALJ's award denying workers' compensation to Mary Kay Hazeltine, who sustained a head and shoulder injury when a screw gun fell on her at a GM assembly plant on June 15, 2012. The case involved disputed liability between the employer/insurer (who settled for partial disability) and the Second Injury Fund regarding permanent total disability claims.

The Commission affirmed the administrative law judge's denial of workers' compensation benefits for a high school teacher who fell in a school entryway on January 8, 2013. The denial was based on the employee's lack of credible testimony and insufficient objective medical evidence to support causation, with the judge finding her injury descriptions verged on malingering.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation to Steven L. Wright for a stroke suffered while climbing seven flights of stairs during employment. The employer's late filing of an answer resulted in admission of facts that the injury occurred in the course of employment and that the physical exertion was the prevailing factor in causing the stroke.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Leon S. Essmyer, Jr. for a right foot injury caused by metal falling on his foot on April 7, 2014, while employed at American Railcar Industries. The employee was awarded temporary total disability compensation, permanent partial disability benefits, and necessary medical aid totaling over $144,000.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for Richard E. Peeler's claimed carpal tunnel syndrome injury. The Commission found that the employee failed to establish that carpal tunnel syndrome arose out of employment rather than being caused by his pre-existing diabetes condition.

The LIRC affirmed the ALJ's award allowing past and future medical compensation for Cynthia G. Null's work-related injuries sustained from a fall on ice in the employer's parking lot on December 24, 2012. The Commission rejected the employer's argument that the work injury must be the prevailing factor in causing the need for future medical treatment, finding that § 287.140 does not impose such a strict standard for medical benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Thomas Pierson's left shoulder injury occurring on November 12, 2012. The Commission rejected collateral estoppel arguments based on a prior 1999 neck injury claim, finding the two injuries were distinct and separately adjudicable.

The Commission affirmed the ALJ's denial of workers' compensation benefits, finding the employee failed to prove he sustained an accident involving a chest wall strain from snow shoveling on February 5, 2014, due to credibility issues and inconsistent statements. The Commission further determined that even if an accident had occurred, the employee's medical condition was caused by preexisting non-work-related conditions rather than the alleged work incident.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Ricky Volner for alleged repetitive strain injuries to his bilateral hands and wrists. The court found that the injury did not arise out of and in the course of employment under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Jessica Timmer, finding that no compensable injury or occupational disease occurred. The Commission determined that the alleged injury did not arise out of and in the course of employment under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying the employee's Second Injury Fund claim, finding that the employee was not a covered worker under Missouri's Workers' Compensation Law because she was classified as an independent contractor rather than a statutory employee. The employee, a pick-up and delivery driver, sustained injuries in a motor vehicle accident on January 29, 2009, but failed to meet the statutory employment test under § 287.040.1 RSMo.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation to Ruth Thompson for a work injury sustained on November 7, 2013, at Fulton State Hospital. Despite a dissenting opinion questioning whether the employee proved permanent total disability, the majority found the ALJ's award 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 award and decision in favor of the employee Maury Weiner regarding workers' compensation. The Commission found that despite multiple prior injuries, the employee failed to prove permanent total disability as the evidence showed he was working full regular duty prior to his injury on March 7, 2012.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to employee Debbie A. Shanks for injuries allegedly sustained from an influenza vaccination administered on October 1, 2013. The employee failed to prove she sustained a compensable injury by accident arising out of her employment, and therefore no medical or temporary total disability benefits were awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to the substituted claimant (Dustin Williams, on behalf of deceased employee Harold Williams). Medical evidence indicated that the employee's injuries to his back and knee reached maximum medical improvement by the end of 2001 with no further treatment needed.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to James Wurth for a November 2008 work-related injury. The Commission found that the claimant was unemployable in the open labor market prior to the injury, which disqualifies him from Second Injury Fund permanent disability benefits under Missouri law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Rommae Hayes, finding the employee was not a covered worker under Missouri law. Although the parties stipulated to a work-related injury on June 26, 2013, the majority concluded Ginger C, LLC was not subject to the Workers' Compensation Law based on the employee's status as an independent contractor rather than an employee.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Linda Ford for occupational wrist injuries sustained on June 6, 2006, due to overuse from her work duties. The employee was awarded 17% permanent partial disability for each wrist with a 10% loading factor, and medical benefits of $17,020.37 were approved.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that James K. Haag's back injury sustained on March 17, 2017 while lifting concrete was a compensable workers' compensation claim. The Commission awarded temporary total disability benefits of $618.43 per week beginning October 20, 2017, with medical costs and permanent disability determination to be made at a later date.

The Commission affirmed the administrative law judge's award of workers' compensation to Linda Ford for a 2005 work-related back injury, with a supplemental opinion correcting a misstatement regarding medical record review. One dissenting opinion disagreed with the denial of future medical care, arguing that ongoing treatment remained necessary.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing permanent total disability compensation for Barbara Simmons following a January 13, 2012 work injury to her right shoulder at Mercy Hospital St. Louis. A dissenting opinion argued the employee failed to prove permanent total disability, contending she could compete in the open labor market despite her injury.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to employee Lois McDowell for injuries sustained from catching a two-wheeled cart on a doorway and falling in the hospital parking garage. A dissenting opinion argued the injury was not causally connected to employment because the risk of falling was equally present in normal nonemployment life.

The Commission affirmed the administrative law judge's award denying workers' compensation benefits to Michael Densmore for a crushed middle finger on his left hand sustained on July 16, 2011. The case centered on whether Densmore was an employee or independent contractor at the time of injury, with the ALJ finding he failed to meet his burden of proof due to unfinal details in the work relationship.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Rex Wilkerson, finding the award supported by competent and substantial evidence. The concurring opinion noted that while the injury is not covered under Missouri's workers' compensation law, a common law cause of action may be available to the employee as an alternative remedy.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation to employee Dale Nivens for a knee injury, finding him permanently and totally disabled despite a dissenting opinion questioning his credibility and employability. The Commission approved the ALJ's decision and attorney's fee as fair and reasonable.