Filtered Decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to Linda Brown, finding the award supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law. The Commission clarified that analysis of permanent total disability requires first addressing the nature and extent of disability from the primary injury, then determining whether the primary injury combined with preexisting conditions results in total and permanent disability.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for a left shoulder injury sustained on May 30, 2009, when the employee lifted and twisted while attaching machine hoses. The Second Injury Fund was held liable for permanent total disability benefits of $180 per week beginning February 10, 2012.

The Commission affirmed the administrative law judge's award denying compensation for an occupational disease claim by employee Cheryl E. Tauvar, finding that her medical causation evidence did not persuasively support that work was a substantial factor in causing her condition. The decision clarifies that under Missouri law, an occupational disease is compensable only if clearly work-related and meeting statutory requirements, not merely because work was a triggering or precipitating factor.

The Commission affirmed the administrative law judge's award denying workers' compensation benefits for an occupational disease claim involving the right shoulder. The employee failed to establish by a preponderance of credible evidence that permanent disability resulted from her approximately three weeks of work exposure in Missouri rather than from non-compensable prior or subsequent events.

The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for Kent Kersten's work-related stress claim, finding he failed to prove that job-related stress was the prevailing factor in causing his psychiatric disability. The Commission determined that Kersten did not demonstrate he was subjected to extraordinary or unusual work stressors that arose out of and in the course of his employment as a prosecutor.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation for a right knee injury sustained in an accident on April 24, 2009, finding the accident was the prevailing factor causing the employee's condition requiring total knee replacement. The Commission adopted the ALJ's findings based on medical testimony, particularly crediting Dr. Hopkins' opinion that the traumatic accident was the prevailing cause given the lack of prior symptoms and treatment history.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Tonya L. Fattig for a cumulative occupational injury to her neck and left upper extremity sustained through repetitive handling of books of plates at Johnson Controls Battery Group, Inc. The employee is entitled to temporary total disability benefits from October 24, 2013 through the hearing date of July 10, 2014, at a weekly rate of $639.05.

The Commission affirmed the Administrative Law Judge's award finding that Eric Sharp's bilateral hand/wrist injuries from repetitive jackhammering activities were compensable occupational diseases arising out of and in the course of his employment with Tarlton Corporation. This temporary or partial award is subject to further proceedings for a final determination of benefits.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Frederick Winingear for a neck injury sustained when a patient placed him in a choke hold at work on February 23, 2011. Although the injury was found to be compensable and work-related, no compensation was awarded in this case.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that employee Avry Harris sustained a compensable occupational disease injury to his neck and upper body from repetitive twisting while operating a clamp truck/forklift on June 29, 2011. This temporary or partial award provides for continued and ongoing future medical care, with proceedings kept open for final award determination.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation to Mark Barrientos, finding he failed to prove he sustained a compensable accident as defined by Missouri law. The Commission clarified that while repetitive lifting during a single work shift could constitute an accident, the employee did not meet the burden of proof in this case.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for an employee injured in a December 16, 2007 work-related accident. The accident was found to be the prevailing factor causing permanent disability to the employee's right elbow, neck, and low back, despite the employee's preexisting tethered spinal cord condition.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Althea Burlison for occupational disease injuries to her left leg and left arm sustained on 8-14-2009 and 7-2-2010 while performing duties as a certified medical technician. The award includes $6,600.00 in permanent partial disability compensation (5% body as a whole for 2009 injury) plus previously paid medical expenses and temporary disability compensation totaling $31,595.81.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Timothy Maloney for a compensable occupational disease injury occurring on June 11, 2010. The Commission rejected the employer's arguments regarding strict construction of permanent total disability standards and found the employee met the legal test for permanent total disability based on competent and substantial evidence.

The Commission affirmed the administrative law judge's award of permanent partial disability benefits for Timothy Pannell's November 24, 2009 work injury, finding that the employee failed to prove the left knee injury was caused by the accident and did not meet the burden for permanent total disability. The Commission also approved payment of attorney's fees under a joint motion between the employee's former and current legal representatives.

The Commission affirmed the administrative law judge's award allowing workers' compensation for an employee who sustained a work-related injury on May 17, 2007, finding that the accident was the prevailing factor causing a herniated disc at L5-S1 and resulting permanent disability. The Commission found persuasive expert medical testimony establishing that the workplace accident caused the herniated disc and associated substantial permanent disability, meeting the employee's burden of proof under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that the employee's bilateral upper extremities injury from repetitive job activities was compensable under Missouri workers' compensation law. The award is temporary and partial, with the employee entitled to additional medical aid, and proceedings remain open for a final award.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to employee Devette Sproaps for an injury sustained on June 22, 2011. The Commission found the award 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 Ronald Gamble's right lateral epicondylitis and right olecranon bursitis resulting from a September 19, 2008 workplace accident. The court found Dr. Schlafly's expert medical opinion more persuasive than the employer's expert, concluding the accident was the prevailing factor causing the employee's elbow conditions and resulting permanent disability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Ottavio Tarpeo for bilateral knee injuries sustained through repetitive stair climbing during his 35+ years of employment as a pressman. The employee was awarded compensation for temporary total disability and permanent partial disability with a multiplicity load factor.

The Commission affirmed the administrative law judge's award of workers' compensation to Paula Eberhard for injuries sustained when a toilet paper dispenser fell on her left shoulder and face while using a McDonald's restroom during her employment as a travelling surveillance employee. The Commission determined the injury arose out of and in the course of employment because the use of public restrooms was necessitated by her job duties and exposed her to risks greater than those in normal nonemployment life.

The Commission affirmed the administrative law judge's award of permanent total disability benefits to Nancy McDonald for a left shoulder rotator cuff tear sustained in a May 22, 2007 fall, rejecting the employer's argument that a subsequent June 2007 lifting event should shift liability to the Second Injury Fund. The court found that the June lifting event aggravated the preexisting weakened condition from the initial fall rather than causing a new independent injury.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to employee Abby Couch for an injury or occupational disease occurring on June 22, 2011. The Commission rejected the Second Injury Fund's statute of limitations argument, finding that prior case law established that timely filed claims are not barred regardless of when the injury occurred.

The Commission affirmed the administrative law judge's denial of compensation, finding that the employee's left shoulder rotator cuff tear resulted from a May 2007 fall rather than a June 2007 lifting event, and that the lifting event at most caused an aggravation of the preexisting condition. The employee was found to be permanently and totally disabled from the May 2007 injury, with psychological factors contributing significantly to the disability determination.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to employee Abby Couch for an occupational disease claim against the Second Injury Fund. The Commission upheld that the claim was not barred by the statute of limitations under Missouri law.