Filtered Decisions

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.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Juanita Wall for injuries sustained when she fell while pushing a shopping cart at work. The Commission 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 award allowing workers' compensation benefits to Allen Cleghorn for a work injury on October 20, 2015. The Commission determined that Sunshine Home Improvements is secondarily liable as a statutory employer because the immediate employer, Done-Rite Home Improvement, was uninsured.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to Timothy Mealer for an alleged injury sustained on October 25, 2013. The denial was based on the employee's failure to meet his burden of proof regarding medical expenses and maximum medical improvement, despite the injury being found to arise out of and in the course of employment.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits, finding that the April 28, 2015 accident was not the prevailing factor in causing the employee's shoulder condition. The court upheld the greater credibility of orthopedic surgeons Dr. Strong and Dr. Satterlee over occupational medicine expert Dr. Kopravica, whose opinions appeared based on incomplete information.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of permanent total disability benefits for Roy Schenewerk's May 29, 2008 work injury, finding that his inability to work resulted primarily from subsequent worsening of preexisting conditions rather than the compensable injury combined with those conditions. The Commission determined the employee failed to provide sufficient medical evidence evaluating his disability status as of his maximum medical improvement date of September 2, 2009.

The Commission affirmed the ALJ's decision denying workers' compensation benefits to Edward Crawford for a September 7, 2016 workplace accident, finding he failed to prove that the accident was the prevailing cause of his alleged cervical injuries. The employee's claim for temporary total disability benefits, additional medical treatment, and permanent partial disability was denied.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to a truck driver who alleged exposure to dangerous fumes over five months. The claim was denied because the alleged occupational disease did not arise out of and in the course of employment under Missouri law.

The LIRC affirmed the administrative law judge's denial of workers' compensation benefits for employee Vernis Farmer, finding the denial supported by competent and substantial evidence despite challenges to the admission of evidence regarding the employee's criminal conviction for making false statements to obtain Social Security Disability benefits. The employee's lack of credibility was substantiated by uncontested testimony and admissions in the record.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Larry Barrett for a compensable injury to his right hip and lumbar spine sustained on November 10, 2016. The Commission approved permanent partial disability compensation of $24,367.70 based on 15% right hip and 5% body disability referable to the lumbar spine.

The Commission affirmed the ALJ's award of permanent total disability benefits to employee Joseph Fronek for injuries sustained when struck by a vehicle at work, finding the accident was the prevailing factor in causing PTSD, post-concussion syndrome, and physical injuries. The Commission rejected the employer/insurer's challenges to the ALJ's credibility determinations regarding medical expert testimony and evidence, determining that competent and substantial evidence supported the award.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to employee Mark Odom. The Commission also ruled on evidentiary issues, including sustaining the exclusion of employer's Exhibit L due to lack of proper foundation.

The Commission affirmed the administrative law judge's award allowing workers' compensation for David Hogenmiller's hearing loss and tinnitus, finding the ALJ properly admitted expert testimony from an audiologist regarding medical causation. The Commission rejected the employer/insurer's challenge to the admissibility of the audiologist's opinions, determining that non-physician experts with specialized knowledge in medical matters may qualify to testify on causation.

The Commission affirmed the administrative law judge's award of permanent total disability benefits, finding that the employee's left shoulder injuries identified on January 31, 2008, were natural and probable consequences of the original April 28, 2006 workplace accident. The employee's left shoulder injuries resulted from compensatory overuse of his left arm due to his primary right shoulder injury, making them compensable as a direct result of the original injury.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Rossie P. Judd against DaimlerChrysler, rejecting the employer/insurer's motion to dismiss. The employee appealed the extent of her partial disability rating, claiming competent and substantial evidence supported a finding of more than 11.25% permanent partial disability of the body as a whole.

The Commission affirmed the administrative law judge's award allowing workers' compensation for an employee's work-related right knee injury from July 22, 2014, which required surgery and ongoing pain management. The decision was supported by unrebutted expert testimony that the employee remained symptomatic and required future medical care flowing from the compensable injury.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Ronald Sanford for a left shoulder rotator cuff injury, with a supplemental correcting opinion clarifying the surgical history. The Commission found the ALJ's award of compensation was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

The LIRC affirmed the Administrative Law Judge's final award denying compensation in this workers' compensation case, finding no benefits were awarded. The claim was ultimately denied, with the court noting that the claim regarding the Second Injury Fund was not filed within the time required by law.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Rodney D. Deckard's back injury sustained when he slipped on ice on February 24, 2015, while employed by the Department of Natural Resources. The employee was awarded 35% permanent partial disability with temporary total disability payments of $14,134.44 and medical aid valued at $164,250.59.

The Commission affirmed the ALJ's denial of workers' compensation benefits for an employee who injured her right knee while stepping onto a concrete step, finding the injury was not work-related. The employee failed to demonstrate that the risk causing her knee injury was related to her employment duties or was a hazard unique to her job as opposed to risks in normal nonemployment life.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to James Collins. The Commission also addressed procedural issues regarding the timing of the award's issuance and mailing, concluding that the award was properly issued while the administrative law judge remained employed.

The LIRC affirmed the ALJ's denial of workers' compensation benefits for Eugene A. Peacock's claim of bilateral carpal tunnel syndrome as an occupational disease. The employee failed to establish by competent medical evidence a direct causal connection between his repetitive occupational exposure and the carpal tunnel condition.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Michael Barnett for a neck disc herniation, finding the ALJ's reliance on the employee's credible description of repetitive job duties and early treatment records adequately established work-related causation. The Commission rejected the employer's arguments that medical opinions and treatment records failed to support a causal connection between the employee's work at Harley Davidson and his condition.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Thomas Penning for a right wrist scaphoid fracture sustained in a May 13, 2013 work accident at Harley Davidson. The Commission found the employee's credible testimony and medical evidence, including radiological studies and treating physician diagnosis, supported that the accident was the prevailing factor causing the injury and necessitating all subsequent treatment including fusion and carpal tunnel release procedures.

The LIRC affirmed the ALJ's award of workers' compensation benefits for Jackie Taylor's right eye injury from February 11, 2009, finding credible medical evidence and employee testimony regarding permanent partial disability and synergistic effects with a preexisting knee condition. The Commission rejected the Second Injury Fund's arguments challenging the synergy finding and the consideration of the right knee as a preexisting permanent partial disability.