Filtered Decisions

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Ralph Mountjoy for injuries sustained on September 7, 2007, when he received an electric shock while changing a light fixture ballast on a ladder. The employee was awarded permanent partial disability benefits of 20% for the left shoulder and 12.5% for the body as a whole, plus temporary total disability and medical costs totaling approximately $37,190.44.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits for Gerald Steinkamp's work-related injury to his right shoulder and low back sustained on November 5, 2004 while lifting heavy bags at American Airlines. The Second Injury Fund was found liable and awarded $10,777.99 in compensation for permanent partial disability.

The Commission affirmed the Administrative Law Judge's denial of compensation, finding that the employee is permanently and totally disabled solely from the last work injury, making the Second Injury Fund not liable. The decision clarifies that synergy between preexisting conditions and a subsequent work injury is not required to prove Second Injury Fund liability, but the evidence established the last injury alone caused the permanent total disability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to the deceased employee's widow, finding that the employee's injuries did not arise out of and in the course of employment. The court provided supplemental analysis regarding the application of the extension of premises doctrine following the 2005 amendments to Missouri Workers' Compensation Law.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Dale Welty for alleged hearing loss and tinnitus allegedly caused by occupational noise exposure. The claim was found to be non-compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Randy Wineland for a low back injury sustained on June 6, 2002. The employee was awarded permanent and total disability benefits beginning July 14, 2005, with ongoing medical care and past due compensation with interest.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation to Marilyn Szigeti for injuries to both upper extremities sustained on June 1, 2010, while employed by the Metropolitan St. Louis Sewer District. The award totaled $70,315.49, including medical bills, temporary disability benefits, and permanent disability compensation of 30% for each arm at the elbow.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Diane Seldon for a psychiatric injury and mouth injury sustained on March 20, 2009, while pivoting on her knee while changing rollers on a printing press. The claimant was awarded 120 weeks of PPD and permanent total disability benefits from the Second Injury Fund.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Allen Sparks for an occupational disease claim, finding that the employee satisfied the statutory notice requirements under § 287.420 RSMo. The Commission disagreed with the administrative law judge's reasoning on burden of proof regarding notice but reached the same conclusion that the facts clearly established timely notice was provided.

The Commission affirmed the administrative law judge's award denying compensation, finding that the denial was supported by competent and substantial evidence and complied with Missouri Workers' Compensation Law. The employee's request to submit approximately 650 pages of additional evidence was denied as the documents were not newly discovered and should have been presented at the original hearing.

The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits, finding that the employee failed to meet his burden of proving he suffered an accident at work due to numerous unexplained inconsistencies between his testimony and medical treatment records. Because the claim was denied on the issue of accident, the employer is not liable for any medical bills or compensation benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Ronald A. Lawrence II for a low back injury. However, the Commission found that the employee failed to meet his burden of proving entitlement to permanent total disability benefits from the Second Injury Fund due to insufficient evidence regarding psychiatric factors and medical necessity documentation.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits for Michael Tracy's low back injury claim, finding the claim was barred by the statute of limitations. Although Tracy experienced a compensable workplace injury on February 20, 2009, while stocking shelves, his claim for compensation was not filed within the time required by law.

The Commission affirmed the administrative law judge's award allowing workers' compensation for an occupational disease claim by David A. Trimmer against Johnson Controls, Inc. The Commission determined that the claim was not barred by res judicata doctrine and that the employer failed to present additional significant evidence to modify the temporary award.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits for John Mattison's work-related left wrist strain/sprain and left knee contusion injuries sustained on January 3, 2002, while cutting tree limbs at the employer's summer camp. A dissenting opinion argued the decision should be modified to award permanent total disability benefits from the Second Injury Fund based on the combination of the work injury and multiple preexisting disabling conditions.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of compensation benefits for Helen Peek's October 30, 2010 work injury while assisting a patient at Western Missouri Medical Center. Although the injury to the left upper extremity, neck and back was found compensable under Chapter 287, the case was denied as to compensation awards and Second Injury Fund liability.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Tracy Whorton for injuries sustained when she slipped and fell in the employer's icy parking lot while retrieving work gloves. The court found the employee's injuries arose out of and in the course of employment as they resulted from a risk specific to her employment activities, distinguishing the case from non-employment hazards.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying compensation to Teresa Parks, who alleged she was an employee providing personal care attendant services under the Consumer Directed Services program. The Commission found that Parks was not an employee of the Independent Living Center but rather worked under the direction of Medicaid's CDS program, lacking the requisite employer-employee relationship under Missouri workers' compensation law.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to the estate of Marty Warren, who died in an accident while assisting his father David Warren with siding work. The court found that although Warren was in service of the employer at the time of the accident, the evidence did not establish an employer-employee relationship under Missouri workers' compensation law due to insufficient control by the employer.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits for permanent total disability from the Second Injury Fund. Although the employee's own medical experts opined he was permanently and totally disabled from the primary back injury alone, he failed to establish entitlement to Second Injury Fund liability.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Katy Dierks for a left knee injury sustained on January 17, 2009, when she tripped over an air hose at work. The employer/insurer was ordered to pay $26,972.70 for 25% permanent partial disability and unpaid temporary total disability, with the Second Injury Fund liable for permanent and total disability benefits.

The Missouri LIRC affirmed the Administrative Law Judge's award finding that the employee Mike Brune sustained a compensable occupational disease to his bilateral hands from repetitive work as an Assembly Tech on June 1, 2004. The employer and self-insurer are ordered to provide all required benefits including medical treatment and temporary total disability, with the award being temporary/partial pending final determination.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Eric Hartman for a back injury sustained on January 13, 2012, when he slipped on ice after being fired. The claimant was awarded $398,947.97 in total compensation, including unpaid medical expenses, temporary disability benefits, and permanent partial disability benefits of 60% of the body as a whole.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Conrad Priest for a right knee injury sustained on August 16, 2011, while changing machine parts at Piramal Glass. The injury, which occurred when the employee heard and felt a loud pop in his right knee while working, was found to be compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Landon Sterling's welding burn injury to his right elbow sustained on May 12, 2011. The award includes permanent partial disability compensation of 15% at the 210-week level, temporary total disability for 4 weeks, and disfigurement benefits, with the employer's insurer liable for all awarded compensation.