Filtered workers' comp decisions

Following a Missouri Court of Appeals mandate reversing the Commission's initial decision, the Commission entered a final award granting permanent total disability (PTD) benefits to employee Alan Marberry for cervical spine injuries (35% PPD) and recurrent back pain (10% PPD). The Second Injury Fund is liable for PTD benefits beginning June 28, 2018, at a differential rate of $422.34 weekly for 180 weeks, then $886.92 weekly for life.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying compensation for a work-related occupational disease injury to the employee's left wrist, finding the claim was barred by a prior settlement for left shoulder disability. A dissenting opinion argued the prior settlement only covered the shoulder injury and that the employer's authorization of medical testing suggested the wrist injury was compensable, but the majority affirmed the denial.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Tammy L. Suchland's December 22, 2013 injury. The Commission found that Suchland failed to produce competent evidence supporting her claim for reimbursement of unauthorized medical treatment, as the employer ultimately provided her with a continuous course of care.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for James K. Copeland's injuries sustained in a workplace accident. The decision found that arterial thrombosis, subsequent ischemia, right leg amputation, and bowel resection were work-related injuries caused by trauma from the accident, despite a dissenting opinion arguing the decision should be modified.

The Commission affirmed the ALJ's award finding the employee sustained a significant work-related shoulder and neck injury while using a sledgehammer, but was not permanently and totally disabled. The employee was awarded 50% permanent partial disability to the body as a whole, plus 9% for psychological conditions, six weeks of disfigurement compensation, and open future medical benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Carol Gourley's injury sustained on January 13, 2007 at Cox Medical Center. One commissioner dissented, arguing the ALJ erred in denying payment for unpaid medical bills ($173,896.25) and temporary total disability benefits ($109,574.64) related to the compensable 2007 injury.

The LIRC affirmed the ALJ's award of permanent partial disability (39.92 weeks) to the Second Injury Fund, rejecting the employee's claim for permanent total disability. The Commission found that while the employee was credible and deemed unemployable by experts, substantial disabling conditions existed that were unrelated to the primary 2005 injury and therefore did not meet the statutory requirement for PTD benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for an employee's thoracic outlet syndrome and bilateral tendinitis as occupational diseases arising out of employment. A dissenting opinion contested the finding, arguing the ALJ erred in attributing the thoracic outlet syndrome to the employment, though the majority opinion upheld the original award.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation to Barbara Kinnaird, finding insufficient evidence that repetitive work duties or chemical exposure were the prevailing factor in causing her cervical disc disease and arthritis. The employee's argument that Dr. Schoedinger's opinion supported a work-related causation was rejected because the medical evidence only established work as a contributing factor rather than the prevailing cause.

The Commission affirmed the ALJ's denial of workers' compensation benefits, finding that the employee failed to establish that her job duties were the prevailing factor in causing her cervical disc disease and arthritis condition. Although medical evidence suggested work activities may have aggravated the condition, this was insufficient to meet the causation standard required under Missouri workers' compensation law.

The Commission affirmed the administrative law judge's award denying compensation to Barbara Kinnaird for an occupational disease claim involving cervical disc disease and arthritis. The court found that while Dr. Schoedinger acknowledged repetitive work duties may have contributed to the employee's condition, he did not establish that work was the prevailing factor in causing the medical condition, which is required for compensability under Missouri law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that Randy Skaggs sustained a compensable work injury on June 7, 2018, that was the prevailing factor in causing his permanent total disability. The Commission clarified that the parties stipulated to a work incident on that date and determined the employer is liable for all PTD benefits and future medical treatment, with the Second Injury Fund having no liability due to absence of qualifying preexisting disabilities.

The Missouri Court of Appeals reversed the Commission's prior denial and remanded the case with instructions to award permanent total disability benefits. The Commission issued a final award granting the employee $400.00 per week in permanent total disability benefits from the Second Injury Fund, commencing May 18, 2020.

The Commission affirmed the Administrative Law Judge's award, finding the employee lacked credibility regarding the mechanism of injury and body parts injured due to contradictory and embellished testimony. The decision upheld the admission of the employee's prior criminal conviction as relevant to assessing his credibility in the workers' compensation claim.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for an employee's left knee injury, including approval for total knee replacement and related medical care. One dissenting member argued the knee replacement did not flow from the work injury and that employer liability should be limited to the successful meniscectomies already performed.

The Commission affirmed the ALJ's temporary or partial award finding that the employee's December 5, 2018 work injury was compensable and that the employee was entitled to medical care, including cervical fusion treatment for C7 radiculopathy. A dissenting opinion argued the work injury was merely a triggering factor for a preexisting degenerative disc disease rather than the prevailing cause of the need for treatment.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in this case. The injury occurred on February 1, 2016, and the ALJ's award of no compensation was found to be supported by competent and substantial evidence under Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to employee William Watson for injury no. 15-036120, dated April 23, 2015. The Commission found the award supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission affirmed an administrative law judge's award denying workers' compensation to employee Wesley Davis. The decision addresses eligibility requirements under Missouri's Second Injury Fund statute, requiring both a qualifying preexisting disability and a subsequent compensable work-related injury that combine to result in permanent total disability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's amended award allowing compensation to employee Jeannie E Harper. The Commission denied the employer/insurer's request for judicial notice of prior workers' compensation claims and settlements, finding the records were not newly discovered evidence.

The Commission affirmed the Administrative Law Judge's award allowing permanent total disability compensation to Clifford Wolf against the Second Injury Fund, finding his primary carpal tunnel syndrome injury combined with preexisting disabilities from a prior back injury and polio rendered him permanently and totally disabled. The employee settled his primary claim for $35,500 based on 22.5% permanent partial disability of the right wrist and 20% of the left wrist.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation to employee Ray Ingles. The decision addresses Second Injury Fund claim requirements under Missouri law, determining that the employee did not meet the statutory conditions for compensation eligibility.

The Commission affirmed the Administrative Law Judge's award of permanent total disability compensation, finding the employee's November 1, 2016 back injury combined with qualifying preexisting disabilities met statutory requirements for Second Injury Fund liability. The employee's preexisting lower left extremity and thoracic disabilities, each exceeding fifty weeks of permanent partial disability, directly aggravated and accelerated the primary work-related back injury resulting in permanent total disability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation to Robert Schebaum. The decision addresses Second Injury Fund eligibility requirements under Missouri law, determining that the employee did not meet the statutory conditions necessary for compensation.

The Missouri Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Kenneth Stratton for a compensable injury occurring on October 16, 2015. One commissioner dissented, arguing the employee should have been found permanently and totally disabled based on vocational expert testimony and medical restrictions limiting him to sedentary work.