Filtered Decisions

The Commission affirmed the administrative law judge's award allowing workers' compensation for an employee who sustained injuries falling during an off-duty obstacle course, finding the injuries arose out of and in the course of employment. The decision applies post-2005 Missouri statutory amendments that modified the legal tests for compensability and abrogated prior case law interpretations.

The Commission affirmed the Administrative Law Judge's award of workers' compensation to Vitaliano Rodas for an injury sustained on May 18, 2015, while performing maintenance and floor-setting work at Villa Bella Apartments in Kansas City, Kansas. The decision established employer-employee relationship despite the use of 1099 forms and found the injury fell within Missouri workers' compensation jurisdiction.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Alvin Hellmann for a right elbow injury sustained in a slip and fall on a loading dock on October 17, 2012. The award includes 63 weeks of permanent partial disability compensation from the employer and permanent total disability benefits from the Second Injury Fund.

The Commission affirmed the administrative law judge's award denying compensation to employee James Anderson for a workplace injury that occurred on December 1, 2011. The case involved a claim against the Second Injury Fund, which requires evidence of work injury disability combined with preexisting disability to result in enhanced or total disability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding the employee's April 21, 2014 workplace injury compensable with permanent partial disability ratings of 25% left shoulder, 10% neck, 5% right knee, and 2.5% left ankle. Total compensation of $190,117.96 was awarded for medical treatment and temporary disability benefits already paid, with no future requirements awarded.

The Missouri LIRC affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Ryan Reddick's injury claim against Meineke Car Care. The Commission found the ALJ's decision was supported by competent and substantial evidence and complied with Missouri Workers' Compensation Law.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation for an employee who suffered a right ankle injury while attempting to escape after being locked inside the employer's courtyard at the end of his shift. The Commission concluded that the employee's injuries arose out of and in the course of employment, as his activities were sufficiently incidental to his work, and provided supplemental analysis regarding the 2005 legislative changes to Missouri Workers' Compensation Law.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to William R. Johnson for a back injury sustained on December 12, 2013, while loading firewood. The claim was settled for 15% permanent partial disability to the body as a whole, with the Second Injury Fund providing ongoing permanent total disability payments.

The Commission affirmed the administrative law judge's award of compensation for a work-related right hip strain injury sustained on April 11, 2013, finding the injury was the prevailing factor in the employee's condition. The employee was determined to be permanently and totally disabled based on the combination of the primary injury with preexisting disabilities and her age, education, and lack of transferable skills.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Gary Page's left ankle and right knee injuries sustained on October 3, 2008, when he jumped from a runaway truck with failed brakes. The employer and insurer were ordered to pay $66,566.57 in permanent partial disability benefits (70% for left ankle, 35% for right knee) plus ongoing medical treatment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits for Gary Page's left ankle injury that occurred on January 12, 2011. Although the injury arose out of and in the course of employment, it was determined to be non-compensable under Missouri workers' compensation law.

The Commission affirmed the administrative law judge's award granting workers' compensation benefits to Gale Hardwick for a fall injury sustained on October 9, 2014, while working at a Conagra Foods facility. The employee was determined to be totally and permanently disabled and is entitled to permanent total disability benefits of $486.17 per week beginning May 8, 2015.

The Commission affirmed the administrative law judge's award of permanent total disability benefits to employee Candace Houchen for injuries sustained on January 13, 2006, when she was struck by plywood caught by wind while lifting at work. The employee is entitled to ongoing weekly compensation of $696.97 for life, along with medical expenses and mileage reimbursement.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in the case of deceased employee John Whelehon. The Commission found that the injury or occupational disease was not compensable under Missouri law and did not arise out of and in the course of employment.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent partial disability compensation in the amount of $9,291.60 for employee Jimmy Holifield's occupational hearing loss (tinnitus) caused by noise exposure at Mississippi Lime Company. The injury occurred on June 1, 2014, in Ste. Genevieve County, Missouri, and was determined to be compensable under Missouri Workers' Compensation Law.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Connie J. Carty for a lumbar spine injury sustained on November 8, 2011, during defensive tactics training when she fell backward after resisting her partner's grab. The employee's claim was found compensable under Missouri workers' compensation law, with temporary total disability payments and necessary medical aid previously provided by the employer-insurer.

The Commission affirmed the administrative law judge's decision denying workers' compensation to Arthur Carl Lewis, finding he failed to provide timely notice of his injury to his employer as required by Missouri law and failed to prove lack of prejudice. The Second Injury Fund claim was reinstated from dismissal but ultimately denied on the same grounds.

The Commission affirmed the administrative law judge's award allowing compensation for a severe right shoulder injury sustained on April 11, 2012, finding the employee suffered 32.5% permanent partial disability and is permanently and totally disabled based on the injury combined with preexisting conditions. The Commission rejected the Second Injury Fund's argument that permanent total disability requires explicit physician certification of inability to work, holding instead that the determination involves both medical and non-medical factors including the employee's ability to compete in the open labor market.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent total disability benefits to James Hood against the Second Injury Fund based on the combination of his primary injury from February 21, 2014, and preexisting disabling conditions from multiple prior work-related injuries. The Commission found that the 2014 amendments to § 287.220.3 RSMo did not apply because some preexisting injuries predated January 1, 2014, and the claim satisfied the statutory requirements under § 287.220.2 RSMo.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent and total disability benefits to employee Johnny Kittrell for a work injury sustained on October 30, 2012. The Commission found the employee credible regarding his symptoms and found the medical and vocational opinions supporting permanent total disability more persuasive than contrary expert testimony.

The Commission affirmed the Administrative Law Judge's award granting permanent and total disability benefits to Gary Gieck for bilateral knee injuries sustained on June 1, 2004, while employed at Ross Allen Floor Covering, Inc. The award included compensation for temporary disability already paid, necessary medical aid, and ongoing medical treatment for the bilateral knee injuries.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to David Sanderson for a low back injury sustained on October 27, 2009, while loading cardboard into a baler. The employee was awarded 80 weeks of permanent partial disability benefits totaling $28,631.20 due to 20% permanent partial disability of the body as a whole.

The Commission affirmed the ALJ's denial of enhanced mesothelioma benefits to the dependents of deceased employee Vincent Hegger, finding that such benefits are triggered only by affirmative employer action to accept liability under the statute. An employer that ceased to exist prior to the January 1, 2014 effective date of the enhanced mesothelioma benefit statute could not have taken the requisite affirmative steps to accept such liability.

The Commission affirmed the administrative law judge's award allowing compensation for a work-related injury involving hair loss and minor head contusion, with 2% permanent partial disability awarded for the head. The employee's claim for spine injury-related benefits was denied as not medically causally related to the reported work accident.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award on medical fee dispute regarding Timberlake Surgery Center's application for additional reimbursement of medical fees. The Commission found the award was supported by competent and substantial evidence and made in accordance with Missouri Workers' Compensation Law.