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Wood v. Gann Asphalt, Inc.(2016)
August 2, 2016#05-096794
The Commission affirmed the administrative law judge's denial of workers' compensation benefits for Phillip Wood's wrist fracture sustained while washing his motorcycle in the employer's parking lot on company time. The Commission found the employee failed to meet the statutory requirements that the accident be the prevailing factor in causing the injury and that it not arise from a hazard equally exposed to workers in normal nonemployment life.
Hunt v. Hendrick Automotive Group/Superior Buick Cadillac(2016)
July 13, 2016#11-014882
The Missouri LIRC affirmed the Administrative Law Judge's award of permanent total disability benefits to Scott B. Hunt for injuries sustained on February 19, 2011, when he tripped and fell against a wall while walking on the employer's premises. The employee was awarded weekly compensation at $596.49 from August 18, 2013 for the remainder of his life, with medical expenses and temporary disability compensation previously paid totaling over $173,000.
Rathgeber v. Phelps County Regional Medical Center(2016)
July 8, 2016#12-003925
The Commission affirmed the administrative law judge's award on a medical fee dispute regarding payment for hardware removal surgery on the employee's right fibula performed on August 8, 2013. St. Louis Spine and Orthopedic Surgery Center sought an additional reimbursement of $5,571.98 for the authorized medical services, which the Commission found was supported by competent and substantial evidence and compliant with Missouri Workers' Compensation Law.
Bolden v. Parkway C-2 School District(2016)
July 8, 2016#13-103315
The LIRC affirmed the administrative law judge's award of workers' compensation benefits to Deborah Bolden for a left shoulder injury sustained on September 5, 2013, while assisting a disabled student at her school. The case involved settlement with the employer and insurer, with the Second Injury Fund determined liable for permanent total disability benefits.
Dabney v. Mediq Life Support Services(2016)
July 6, 2016#03-148257
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying compensation to employee JoAnn Dabney for a workers' compensation claim. The Commission found that the employee failed to prove she suffered a compensable injury under Missouri law and vacated an improper order of dismissal, instead denying the claim on the merits.
Dabney v. Mediq Life Support Services(2016)
July 6, 2016#03-148258
The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to JoAnn Dabney, finding she failed to prove a compensable injury or occupational disease under Missouri law. The Commission also vacated an improper dismissal order and instead denied the claim on the merits, determining the employee did not suffer a subsequent compensable injury for Second Injury Fund purposes.
Hedrick v. Big O Tires(2016)
June 21, 2016#11-058168
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Bryan Hedrick, finding that he failed to meet his burden of proof that his injuries arose out of and in the course of employment under Missouri law. The Commission determined that the employee did not establish that the accident was the prevailing factor in causing the injury and that the injury did not stem from a hazard or risk unique to his employment.
Stieferman v. Optima Graphics, LTD(2016)
June 21, 2016#14-035591
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Tammy Stieferman for a right shoulder injury sustained when she tripped over a roll of fabric on April 21, 2014. Although the Commission found that an accident occurred during employment, no compensation was awarded in this temporary award decision.
Hackler v. Texas Book Company(2016)
June 21, 2016#09-029705
The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to George Hackler for a cervical spine injury sustained on April 10, 2009, while lifting an 85-pound box of books. The employee was awarded 30% permanent partial disability benefits totaling $24,765.19 from the Second Injury Fund.
Stieferman v. Optima Graphics, LTD(2016)
June 21, 2016#14-025821
The Commission affirmed the Administrative Law Judge's award allowing temporary compensation to employee Tammy Stieferman for a right shoulder injury sustained when she tripped over a roll of fabric on April 7, 2014. The proceedings remain open pending a final award determination.
Worley v. American Home Care Management, Inc.(2016)
April 21, 2016#06-134256
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Tina M. Worley for a low back injury sustained on July 5, 2006, while lifting and turning a paraplegic patient. The employee was found to have permanent total disability resulting from the compensable work injury.
Jack v. Triumph Foods, LLC(2016)
April 15, 2016#11-107791
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Kabura Jack for a repetitive strain injury to his right upper extremity sustained while cutting meat at Triumph Foods. Although the injury was found to be compensable and arose out of employment, no compensation was awarded due to the finding of no permanent disability.
Spratt v. U S Airways, Incorporated(2016)
April 15, 2016#10-017935
The Commission affirmed the administrative law judge's denial of the employee's claim for enhanced permanent partial disability benefits against the Second Injury Fund. The employee failed to demonstrate that her preexisting low back injury combined synergistically with a 2010 left shoulder injury to create greater disability, and credibility issues undermined the expert opinion regarding the extent of preexisting low back disability.
Smith v. Premium Transportation Staffing, Inc./Premium of North Carolina; Wil Trans Trucking Company(2016)
April 1, 2016#10-019420
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Robin Smith's left arm injury sustained on March 17, 2010, while employed as a commercial vehicle operator. The claimant was determined to have permanent and total disability resulting from the compensable work-related injury.
McClary v. Schnucks Markets, Inc.(2016)
April 1, 2016#06-058601
The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits despite finding the claimant sustained a compensable bilateral shoulder injury from repetitive trauma on June 14, 2006. The case involved a dispute regarding compensation eligibility for an occupational disease with documented 22% permanent disability to each shoulder.
McClary v. Schnucks Markets, Inc.(2016)
April 1, 2016#05-140754
The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to James McClary for a bilateral wrist injury sustained from repetitive trauma on December 31, 2005. Although the injury was found to be compensable and work-related, no compensation was awarded in the final decision.
Pentridge v. Gayman Construction, Inc.(2016)
March 18, 2016#11-080587
The Commission affirmed the administrative law judge's award of enhanced permanent partial disability benefits to Joseph Pentridge, finding that his primary work injury combined synergistically with preexisting conditions to result in greater disability than the sum of each condition alone. The decision was supported by the employee's expert testimony, significant income loss, and medical treatment records documenting the compounded effects of the injuries.
Marino v. Greystone Partners, Inc.(2016)
March 18, 2016#99-182337
The Commission affirmed the administrative law judge's denial of workers' compensation benefits for a mental injury claim arising from a traumatic incident where the employee intervened during an assault on a security guard. While the Commission disagreed with the ALJ's analysis regarding the "extraordinary and unusual" requirement, it upheld the denial because the employee failed to meet the burden of proof on the underlying elements of accident and compensability under § 287.120.1 RSMo.
Bell v. St. Charles County(2016)
March 17, 2016#10-017735
The Commission affirmed the administrative law judge's award of workers' compensation benefits to Robert Bell, a deputy sheriff who suffered a lumbar spine disc injury when he fell to avoid gunfire on March 6, 2010. The award includes $43,818.00 in total compensation for medical expenses, temporary disability, and 20% permanent partial disability to the low back.
Stovall v. Convergys(2016)
February 24, 2016#11-022817
The Administrative Law Judge's award denying workers' compensation benefits was affirmed by the Missouri LIRC. Although the injury to the claimant's right lower extremity was deemed compensable and occurred within the course and scope of employment, no permanent disability was found and therefore no compensation was awarded.
Jensen-Price v. Encompass Medical Group(2016)
February 24, 2016#10-066736
The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits, finding that while the employee sustained an accident when struck by a maintenance worker's cart, the claim failed on grounds related to injury causation or other statutory requirements. The employee was determined to be engaged in a work activity at the time of the collision, satisfying the 'single work shift' requirement of Missouri's workers' compensation statute.
Gonzalez v. Con-Way Truckload, Inc.(2016)
February 18, 2016#10-101736
The Commission affirmed the Administrative Law Judge's award allowing workers' compensation for multiple injuries sustained by the employee in an accident, finding that the accident was the prevailing factor causing permanent partial disability to the cervical spine, lumbar spine, right shoulder, and right hip. The Commission rejected the insurer's expert opinion denying medical causation and upheld the employee's entitlement to compensation based on competent and substantial evidence.
Price v. BMS Transportation Company, Inc.(2016)
February 17, 2016#12-096454
The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Eugene W. Price for an injury sustained on August 7, 2012. The Commission deferred to the administrative law judge's credibility determinations regarding the witnesses and found the award was supported by competent and substantial evidence in accordance with Missouri Workers' Compensation Law.
McDaniel v. Furniture 4 Less, LLC(2016)
February 4, 2016#10-012313
The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying compensation to Timothy McDaniel from the Second Injury Fund. The employee's application for review was found deficient under procedural rules as it failed to specifically state reasons why the judge's findings were unsupported.
Sanders v. Rollet Brothers Trucking Company(2016)
January 27, 2016#13-077155
The Commission affirmed the administrative law judge's award of temporary compensation to employee Danny Sanders for a back injury sustained during a mandatory physical evaluation program required by his employer as a condition of returning to work. The Commission held that the injury arose out of and in the course of employment under the statutory test, rejecting the employer's argument that the employee was not "on the clock" at the time of injury.