Filtered Decisions

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to employee Rifet Obic who was injured when a wind gust knocked him down while crossing a public street on his way to work from a lunch break. The Commission concluded that the injury did not arise out of and in the course of employment because exposure to wind gusts is an unrelated hazard to which workers would be equally exposed in normal nonemployment life.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation to employee David King. The Commission held that the employer was deemed to have admitted the employee's average weekly wage as stated in his claim for compensation filed with the Division, and rejected the employer's argument that the claim was ineffectively filed.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying the employee's workers' compensation claim as barred by the statute of limitations under § 287.430 RSMo. The court determined that the two-year claim-filing period applied rather than the three-year period, as the employer was not required to file an injury report under § 287.380 since it had no office or place of business in Missouri.

The Commission affirmed the administrative law judge's award denying compensation to employee James Cotter for injuries sustained while descending steps on his way home from work. The decision clarifies that under Missouri workers' compensation law, an employee need not be 'on the clock' to sustain a compensable accident, and that the 2005 amendments did not eliminate all compensability for injuries occurring while going to and coming from work.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for an employee injured when he fell backwards and struck his left shoulder on a tractor trailer while unloading cargo in Atlanta, Georgia on December 16, 2008. The injury was found to be compensable under Missouri law with temporary disability and medical benefits awarded.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to employee Ricky Aufdenberg for a left shoulder injury sustained on December 16, 2008, while unloading a tractor trailer truck in Atlanta, Georgia. The injury was deemed compensable under Missouri law, and benefits for temporary disability and medical expenses were approved.

The Commission affirmed the administrative law judge's award, finding that the employee provided timely notice of her occupational disease claim involving lower extremity injury from repetitive standing and walking duties. The court rejected the employer's argument that the claim lacked effective notice of injury time, concluding the employee's claim for compensation filed before the triggering medical opinion constituted proper notice under § 287.420.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Judith Moore for a neck injury (2.5% permanent partial disability) sustained in a motor vehicle accident on the employer's parking lot on September 6, 2003. The employee was awarded $7,988.76 in total compensation, including unpaid medical expenses of $5,333.26 and 10 weeks of permanent partial disability benefits.

The Commission affirmed the Administrative Law Judge's denial of compensation for an employee's claimed hernia injury allegedly sustained on September 17, 2010 from repeated heavy lifting. The employee failed to prove the hernia did not exist prior to the alleged accident date, as medical evidence indicated the condition likely developed in late 2009 and did not satisfy the statutory requirements under § 287.195(2).

The Commission affirmed the administrative law judge's award of workers' compensation benefits to John Kolar, Jr. for a fractured right lower extremity sustained while performing a pre-trip inspection of a school bus on October 26, 2009. The award includes temporary disability compensation, permanent partial disability payments from both the employer and the Second Injury Fund, totaling $45,210.28 plus medical expenses already paid.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Kimberly Warren for bilateral carpal tunnel syndrome caused by repetitive and forceful work activities. The employee was awarded permanent partial disability benefits, medical expenses, and temporary disability compensation totaling approximately $23,271.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Randy Smith for an alleged occupational disease of the cervical spine and right shoulder caused by overhead lifting and neck turning. No compensation was awarded, and the claim against the Second Injury Fund was denied in full.

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to the dependent son of Michael C. Agnew, who died from injuries sustained in a 25-foot fall from a roof on March 26, 1999. The dependent is entitled to weekly compensation of $562.67 for the lifetime of the deceased employee's dependent son, with a credit for overpayment.

The Commission affirmed the administrative law judge's award of 15% permanent partial disability for the employee's right shoulder injury and rejected the employee's request to submit additional evidence on appeal. The decision upheld findings that the employee failed to prove future medical treatment would be necessary and deemed the Second Injury Fund liability issue abandoned.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Edward Noland, a firefighter struck in the head by a tree branch while fighting a fire on December 31, 2011. The decision awarded permanent total disability benefits for the claimant's lifetime, along with unpaid medical expenses of $11,735 for a modified van.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits for employee Marilyn Anderson's claimed right shoulder injury. The ALJ found that the alleged injury did not arise out of and in the course of employment, making it non-compensable under Missouri law.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Robby Gower for a claimed back injury allegedly sustained on December 1, 2005. The Commission found that the claimed injury did not arise out of and in the course of employment as required under Missouri workers' compensation law.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Daniel Mroz for a lower back injury sustained on October 7, 2009, while helping lift a 100-pound drain snake onto a roof. The employee was awarded permanent partial disability benefits of 15% and permanent total disability benefits payable for his lifetime.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Edward Arnold's cervical spine injury sustained from a ladder fall on February 18, 2003. The employee received 40 weeks of permanent partial disability compensation in the amount of $12,471.20 with 10% PPD referable to the cervical spine.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Edward Arnold for a shoulder blade injury sustained on March 22, 2003, while driving a ground rod with a sledgehammer. Although the injury was found to be compensable and arose out of employment, no compensation was awarded due to the absence of permanent disability.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Edward Arnold for a low back injury sustained on July 6, 2003 while moving equipment in a warehouse, finding no permanent disability resulted from the compensable injury. Although the injury was found to arise out of and in the course of employment, no compensation was awarded.

The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for a prison guard who suffered respiratory injury during an inmate restraint incident. Although the Commission found that an accident occurred, the employee failed to meet his burden of proof that the accident was the prevailing factor in causing his medical condition and disability.

The Commission affirmed the administrative law judge's award denying workers' compensation benefits to employee Bernice Scott, finding she failed to establish the requisite causal connection between her employment conditions and her injury. The court determined that Scott could not identify the specific hazard or risk that caused her injury, and therefore failed to demonstrate that the injury arose out of and in the course of her employment under Missouri law.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Thomas L. Almany, a lube service technician, who claimed he developed right carpal tunnel syndrome from repetitious job duties. The Commission found that the alleged occupational disease did not arise out of and in the course of employment under Missouri workers' compensation law.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to truck driver Aleck Fineman for an alleged left arm injury. The court found that the injury did not arise out of and in the course of employment, making it non-compensable under Missouri law.