OTT LAW

Filtered Decisions

1,920 decisions matching filters

Johnson v. DIRECTV Home Services(2017)

November 3, 2017#12-100647

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Tim Johnson for a compensable occupational injury to his low back and right ankle sustained on December 19, 2012. The employer and insurer were ordered to pay $67,421.69 in permanent disability compensation, with the Second Injury Fund liable for an additional $35,635.94.

back3,670 words

Hosmann v. Bill Grant Ford(2017)

October 31, 2017#12-106338

affirmed

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Clayton Hosmann for claimed cumulative trauma injury to his lower back. The court found the employee lacked credibility and that medical evidence demonstrated his back condition was an unrelated progressive immune-mediated disease rather than an occupational injury.

occupational disease14,729 words

Saine v. Pepsi Beverages Company(2017)

October 23, 2017#15-069886

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits, finding that the employee failed to establish an identifiable traumatic event or accident as required by Missouri law. The employee's credibility was undermined by multiple inconsistent statements regarding how the alleged neck injury occurred, with varying accounts including lifting, twisting, swerving, and backing up incidents.

neck8,771 words

Head v. Missouri Department of Conservation(2017)

October 23, 2017#06-094057

affirmed

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for William Chad Head's occupational injury to his back and neck sustained on October 2, 2006, while lifting a concrete screen. The Second Injury Fund was ordered to provide permanent total disability benefits, with the employer and insurer having settled the claim.

back and neck10,820 words

Myers v. Quanta Services, Inc./InfraSource, LLC(2017)

October 18, 2017#15-099678

affirmed

The Commission affirmed the administrative law judge's award finding that employee Candy Myers sustained a compensable right knee injury on December 18, 2015, while unplugging computer cords at work. The claimant is entitled to medical care and weekly benefits, with the award remaining temporary pending final determination.

knee3,334 words

Leech v. Phoenix Home Care, Inc.(2017)

October 12, 2017#15-056667

affirmed

The Commission affirmed the Administrative Law Judge's award of temporary total disability benefits to Lisa Leech for a right shoulder/arm injury sustained on August 5, 2015 while lifting tubs at her workplace. The employee was awarded 70.86 weeks of temporary total disability compensation at $142.38 per week, with ongoing benefits continuing from the hearing date until she is no longer temporarily totally disabled.

shoulder4,051 words

Parr v. Bobby Boatright / Frozen Food Express (a/k/a FFE Transportation Services, Inc.)(2017)

October 5, 2017#08-124297

affirmed

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to Joseph Parr for a neck strain sustained in a motor vehicle accident while working as an OTR truck driver on February 16, 2008. Although the injury arose out of and in the course of employment, it was determined to be non-compensable under Missouri Workers' Compensation Law, with no temporary or permanent disability awarded.

neck strain7,888 words

Sanchez-Rivera v. Jorge Calderon Construction(2017)

September 21, 2017#10-059076

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Martin Sanchez-Rivera for injuries sustained in a fall from approximately 25 feet while framing a window on July 16, 2010. The employee was awarded permanent total disability benefits with compensation at a rate of $291.68 per week.

back7,781 words

Jones v. Harley Davidson Motor Company(2017)

September 15, 2017#11-062102

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Kenneth Jones's low back injury that occurred in the course of his employment with Harley Davidson Motor Company. The employee was found to be permanently and totally disabled as a result of the accident, with liability established for past medical expenses and future medical care.

back16,537 words

Chester v. Sonoco Products Company(2017)

September 8, 2017#12-106559

affirmed

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to employee Henry L. Chester for an alleged back injury claimed to have occurred on June 5, 2012, while lifting bags. The employee failed to prove that he sustained an accident or occupational disease arising out of and in the course of his employment with Sonoco Products Company.

back7,991 words

Popejoy v. Sauer Construction d/b/a Deluxe Developing; Cooksey Construction(2017)

August 31, 2017#05-136093

affirmed

The Commission affirmed the administrative law judge's award finding that Thomas Popejoy's May 17, 2005 work injury resulted in paraplegia and permanent total disability, making the employer liable rather than the Second Injury Fund. The case addresses Second Injury Fund liability and disputes regarding future medical care coverage for the employee's work-related spinal cord injury.

spinal cord injury4,064 words

Cosby v. Drake Carpentry, Inc.(2017)

August 16, 2017#14-003644

affirmed

The Commission affirmed the Administrative Law Judge's denial of the employee's claim for permanent partial disability benefits from the Second Injury Fund, finding that § 287.220.3(2) prohibits filing such claims for injuries occurring after January 1, 2014. The employee's primary injury occurred on January 22, 2014, placing it outside the scope of allowable Second Injury Fund claims under Missouri workers' compensation law.

occupational disease4,016 words

Gruender v. Curators of the University of Missouri(2017)

August 16, 2017#14-043810

affirmed

The Commission affirmed the ALJ's award of workers' compensation to custodial worker Kayla Gruender for a left foot injury sustained while playing basketball during a paid break on employer premises. The court found the injury arose out of and in the course of employment under Missouri law's recreational activity exceptions, as the employee was paid during the break and a managerial staff lead participated in the activity.

foot6,448 words

Earnest v. Jackson County, Missouri(2017)

August 15, 2017#14-016690

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent total disability benefits to employee Marc Earnest, finding his testimony credible and the disability determination supported by competent and substantial evidence. The decision upheld that Earnest sustained a work-related spinal injury resulting in permanent and total disability.

back4,052 words

Hull v. Dr. Pepper-Seven Up Bottling(2017)

August 15, 2017#08-117368

affirmed

The Commission affirmed the administrative law judge's award finding the employee permanently and totally disabled due to a primary injury from November 2008 combined with preexisting disabling conditions. The Second Injury Fund's argument that the employee could compete in the open labor market was rejected, as his minimal part-time employment secured through personal connections and earning approximately $150-180 per week does not demonstrate capacity for substantial gainful employment.

occupational disease10,345 words

Adams v. City of Kansas City, Missouri(2017)

August 15, 2017#10-067514

affirmed

The Commission affirmed the administrative law judge's award allowing workers' compensation for Joel Adams' work-related abdominal injury, including future medical care. The decision upheld the award based on competent and substantial evidence showing the employee suffers from near-constant severe abdominal pain requiring ongoing pain management medications prescribed by treating physicians.

abdominal5,034 words

Estes v. State of Missouri, Department of Public Safety(2017)

July 18, 2017#12-037180

affirmed

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Carmelita Estes for a neck injury sustained on January 27, 2012, while working as a housekeeper at the Missouri Veterans Home. The employee was awarded permanent partial disability benefits of 20% to the body-as-a-whole, totaling $20,960 in compensation, plus future medical treatment for the neck injury.

neck13,752 words

Barahona v. Hilton Hotel/Hilton Worldwide, Inc.(2017)

July 12, 2017#11-031709

affirmed

The Commission affirmed the administrative law judge's award finding the employee permanently and totally disabled as a result of an April 2011 slip and fall injury at the employer's cafeteria. The Commission clarified that while some disability components relate to preexisting conditions, the April 2011 injury alone is sufficient to render the employee permanently and totally disabled.

back17,435 words

Satterfield v. Carlisle Power Transmission(2017)

July 7, 2017

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Martha Satterfield's right foot fracture sustained on December 20, 2013, while working in production. The employee was awarded permanent partial disability benefits at 16.5% of the right foot at the 150-week level, with temporary disability compensation and medical expenses previously paid.

fracture4,050 words

Deardorff v. State of Missouri, Fulton State Hospital(2017)

June 13, 2017#11-096226

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation benefits to employee Lisa Deardorff for a low back injury sustained on November 27, 2011, when she was slammed into a wall by a mental patient at Fulton State Hospital. The employee was awarded 30 weeks of permanent partial disability benefits totaling $11,373.90 for 7.5% permanent partial disability of the body as a whole.

back11,011 words

Deardorff v. State of Missouri, Fulton State Hospital(2017)

June 13, 2017#11-087035

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Lisa Deardorff for injuries sustained when she slipped on a wet bathroom floor on October 10, 2011. The employee was awarded 14.8 weeks of permanent partial disability benefits totaling $5,826.76 for 2.5% permanent partial disability of the low back and 3% permanent partial disability of the left knee.

slip and fall10,992 words

Johnson v. Barnes-Jewish West County Hospital(2017)

June 13, 2017#09-112063

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Sylvia Johnson for alleged illness from a mandatory flu vaccination. The Commission found that the alleged injury did not arise out of and in the course of employment as required by Missouri Workers' Compensation Law.

occupational disease5,305 words

Deardorff v. State of Missouri, Fulton State Hospital(2017)

June 13, 2017#13-064364

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Lisa Deardorff for injuries sustained on September 4, 2013, when she was repeatedly hit, kicked, and stomped on by a mental patient at Fulton State Hospital. The employee was found to have multiple permanent partial disabilities across various body parts and is permanently and totally disabled due to the combination of this injury and preexisting disabilities.

occupational assault/multiple injuries11,631 words

Parviz v. St. Luke's Hospital of Kansas City, MO(2017)

May 10, 2017#11-028704

affirmed

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to Mohammad Parviz for an alleged low back and left leg injury from pushing and pulling heavy machines and moving patients on March 30, 2011. The claim was denied because the employee failed to file the claim within the time required by law.

back1,878 words

Parviz v. St. Luke's Hospital of Kansas City, MO(2017)

May 10, 2017#11-023615

affirmed

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Mohammed Parviz for a right shoulder injury sustained on March 18, 2011 while rolling a patient at St. Luke's Hospital. The claim was denied because it was not filed within the time required by law.

shoulder1,880 words