Filtered Decisions

The Commission affirmed the Administrative Law Judge's award of workers' compensation to employee Kay Brown for an ankle injury sustained on August 21, 2014, when her foot became stuck under a rolling cabinet while performing work duties. The Commission found that Brown's injury arose out of and in the course of her employment and rejected the employer's credibility challenges regarding her account of the accident.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Gregory Pulliam, who sustained a herniated disc of the thoracic spine with myelopathy requiring surgical fusion while lifting a 70-pound box at work on July 4, 2011. The employee was determined to have permanent total disability and the award included approval of reasonable attorney's fees.

The Commission affirmed the ALJ's award denying workers' compensation benefits, finding that the employee's September 25, 2015 injury arose from voluntary horseplay that was neither commonplace nor condoned in the workplace. The injury was determined not to have arisen out of and in the course of employment under Missouri law, as it resulted from a hazard unrelated to the employment to which workers would have been equally exposed outside the employment context.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's temporary award finding that the employee's bilateral upper extremity injury from repetitive work activities (gripping, grabbing, use of vibratory sander, and twisting) at Harley-Davidson on November 30, 2015, was compensable under Missouri workers' compensation law. The award is temporary/partial, subject to future modification, with future medical care awarded and a 25% attorney lien applied.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for Joseph Abt's occupational hearing loss in his left ear caused by industrial noise exposure. The employee was awarded $637.36 in permanent partial disability compensation at a rate of $433.58 per week, with the claim properly filed and all procedural requirements satisfied.

The LIRC affirmed the administrative law judge's award allowing workers' compensation benefits for Donald Davis's low back injury sustained on June 6, 2007, while removing a 600-pound vending machine at a motel complex. The injury was found to be compensable under Missouri law, with 20% permanent partial disability awarded to the low back.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's temporary or partial award of workers' compensation benefits to Ronald Duncan, finding the award was supported by competent and substantial evidence. The Commission also upheld its jurisdiction to determine temporary total disability benefits based on the affirmed award of medical treatment.

The Commission affirmed the administrative law judge's award allowing workers' compensation for Matthew Hembree, finding that the ALJ properly credited Dr. Mullins's credible medical testimony regarding future medical care needs. The employer's right to select treating physicians remains intact, but they must select providers who accept the ALJ's factual findings regarding the injury's nature and severity.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation to employee Dustin Elsworth for a motor vehicle accident injury occurring on March 30, 2007, rejecting the employer's argument for a safety penalty reduction based on the employee's alleged ADHD and texting while driving. The Commission held that negligence is immaterial in workers' compensation proceedings and that a safety penalty under § 287.120.5 can only apply when an employer has established specific safety rules or devices with employee knowledge and reasonable enforcement efforts.

The Commission affirmed the Administrative Law Judge's award allowing death benefits compensation to the dependent spouse of William Johnson, who died in a work-related accident on September 3, 2015. The decision upheld the calculation of average weekly wage based on statutory minimum 30-hour week at the employee's hourly rate rather than his prior full-time wages.

The Commission affirmed the administrative law judge's decision denying workers' compensation to an in-home health aide who claimed a cervical spine injury from attempting to lift a 400-pound patient. The claim was denied due to failure to establish medical causation, including significant inconsistencies regarding the date of injury and a ten-day delay in seeking emergency treatment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of permanent total disability compensation to employee Donald Clift for a back injury sustained on May 8, 2013, while performing repetitive heavy lifting. The claimant's injury was found to be compensable under Missouri workers' compensation law, with a weekly compensation rate of $384.62 established by agreement.

The Missouri LIRC affirmed the administrative law judge's award denying workers' compensation benefits to Yolanda Harris for an alleged occupational disease. The Commission found that the claimant's condition did not arise out of and in the course of her employment as a customer service representative, despite proper notice and timely filing.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Tammy Edgerton for an alleged lung injury from breathing fumes while cleaning a bathroom. The Commission found that the alleged injury did not arise out of and in the course of employment and therefore was not compensable under Missouri law.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Shirlane Horton, finding that her alleged injury to the left upper extremity from grabbing a patient lift bar or repetitive trauma as a housekeeper did not arise out of and in the course of employment. No compensation was awarded.

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits, finding that the employee failed to establish that an injury by accident or occupational disease arose out of and in the course of employment. The employee, a housekeeper, alleged injury to her left upper extremity either by grabbing a patient lift bar or through repetitive trauma, but the evidence did not support compensability under Missouri workers' compensation law.

The Commission affirmed the administrative law judge's award of workers' compensation to Jon Phillips, a forklift driver employed for 32 years, who sustained a left hip fracture when he fell off a shallow graded ramp while entering the break room on October 14, 2013. The Court found the injury arose out of and in the course of his employment, as he fell while performing a routine work-related task in a work area with an unsafe condition (no safety rail).

The Commission affirmed the administrative law judge's award denying compensation because the employee failed to prove he sustained an accident as defined by Missouri law, with the judge finding the employee's testimony about the alleged December 20, 2011 workplace accident to lack credibility. All other issues were deemed moot due to the employee's failure to establish an accident or pursue an alternative occupational disease theory.

The Commission affirmed the administrative law judge's award of workers' compensation to Barbara Head for an occupational disease injury involving her left arm and shoulder sustained during employment at Harley-Davidson. The injury arose from both a machine malfunction incident and repetitive trauma from lifting and manipulating motorcycle gas tanks, with the occupational exposure determined to be the prevailing factor in causing the medical condition and disability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits to Edith Carter, the surviving spouse of deceased employee Phillip Carter. The Commission held that Carter's contingent right to Schoemehl benefits was extinguished when a prior permanent total disability award became final without a finding that she was the employee's dependent at the time of injury.

The Missouri Court of Appeals reversed the Commission's original decision and remanded the case with instructions to award permanent total disability benefits against the Second Injury Fund. The LIRC issued a final award granting permanent total disability benefits to James Wickam beginning September 29, 2004, at differential and stipulated weekly rates, continuing for his lifetime.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Shirley Tyler for a low back injury sustained on August 26, 2014 while lifting trash at her workplace. The claimant was awarded 40 weeks of permanent partial disability compensation totaling $16,419.60 for a 10% permanent partial disability rating of the low back.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for Carl Schwarzen, who suffered compensable injuries including concussion, cervical osteoarthritis aggravation, knee osteoarthritis aggravation, and soft tissue injuries when his vehicle was struck from behind while traveling to a job site in Nebraska on July 20, 2016. The award is temporary or partial in nature, with the proceedings remaining open for further orders and a final award.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Colleen Nichols, who sustained injuries to her neck, low back, and left extremities when she fell down steps on October 29, 2009. The employee was awarded permanent total disability benefits along with additional temporary total disability compensation and approved medical expenses totaling over $70,000.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Barbara Fuller for an occupational disease injury sustained on August 29, 2011, involving repetitive gripping and grasping work. The employee was awarded compensation for temporary disability, permanent partial disability of both wrists, and disfigurement benefits totaling $55,168.54.