Filtered Decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Michael Curbow for a low back injury sustained when he slipped and fell on ice at work on January 11, 2010. The claimant was awarded 12.5% permanent partial disability benefits, with the Second Injury Fund liable for 14.5 weeks of compensation totaling $6,133.07.

The LIRC affirmed the administrative law judge's decision denying workers' compensation benefits to employee Gregory Byrd, finding he failed to prove he sustained an injury by accident arising out of and in the course of his employment. The Commission concluded that Byrd's fall from a Hyster forklift was at least equally likely caused by an idiopathic syncopal event unrelated to employment rather than a battery failure as claimed.

The Commission affirmed the administrative law judge's award allowing compensation to employee Renee Cummins for a work-related injury. The employer's attempt to reduce compensation under a safety penalty provision failed because the employer could not prove the employee had actual knowledge of the alleged "one-door process" safety rule.

The Commission affirmed the administrative law judge's denial of workers' compensation benefits to an assistant manager who claimed a psychiatric injury resulting from an armed robbery where a gun was pointed at her head. The court found that the employee failed to present credible expert medical testimony establishing that the robbery was the prevailing factor causing her psychiatric injury, as required under Missouri law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Hugh David Smith's work-related injury sustained on October 17, 2008. The Commission affirmed the denial of future medical treatment for ongoing aqua-therapy, finding insufficient evidence that the employee's need for such treatment persisted beyond the medical opinion issued four years prior to trial.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for a 2007 left knee injury, correcting clerical errors in the calculation of Second Injury Fund liability by applying a 2.5% load factor rather than 15%. The Commission rejected the employee's argument that a 15% enhancement factor should apply, finding the administrative law judge's discretionary use of the 2.5% load factor was well-supported and consistent with the final award of 5.65 weeks of permanent partial disability.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to employee Kimberly Griggs for a motor vehicle accident while operating a tractor-trailer on Interstate 44 that resulted in strains, sprains, and contusions to her lumbar and cervical spine. The employee was awarded 7.5% permanent partial disability (30 weeks) with a weekly compensation rate of $463.36 for temporary total disability and $425.19 for permanent partial disability.

The Missouri Court of Appeals reversed the Commission's initial denial of compensation, finding the denial unsupported by competent and substantial evidence. Upon remand, the Commission issued a final award allowing compensation for the employee's work-related injuries, accounting for preexisting conditions including shoulder surgery, leg fractures from a fall, and hearing loss.

The Commission affirmed the administrative law judge's decision denying workers' compensation to a sheriff's deputy who fell down stairs, finding his testimony about a radio dispatch causing the fall not credible based on lack of mention in medical records. The dissenting opinion argued the employee's sworn testimony should be weighted more heavily than medical documentation and that the absence of dispatch information in records does not impact credibility.

The Labor and Industrial Relations Commission affirmed the administrative law judge's amended award allowing workers' compensation benefits for Harold E. Reeves for a permanent total disability injury. Reeves suffered a fall down stairs while carrying pitching nets at work on August 28, 2008, resulting in back and neck injuries.

The Commission awarded permanent total disability benefits to Larry Abt from the Second Injury Fund, along with permanent partial disability benefits from his employer for injuries to his left lower extremity, ribs, and lumbar spine sustained in 2001. The award was issued in compliance with a Missouri Court of Appeals mandate requiring calculation of liability between the employer and Second Injury Fund, and included reimbursement for past medical expenses.

The Commission affirmed the administrative law judge's award requiring the employer to provide future medical treatment for the employee's work-related low back injury and radicular symptoms, including medications, physical therapy, and pain clinic procedures as recommended by medical experts. The Commission rejected the employer's argument that medical treatment decisions should be left solely to the employer's selected physicians, finding sufficient evidence that the recommended treatments may reasonably be required to cure and relieve the effects of the injury.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for a claimant who fell off a ladder and injured her left wrist on August 16, 2008. The claimant was awarded permanent partial disability benefits (50% disability) and permanent total disability benefits payable for her lifetime, with the Second Injury Fund assuming liability for a portion of ongoing benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation to Rodney Roberts for a fall from a 6-foot stepladder in a warehouse that resulted in injuries to his ribs and lungs with 22.5% permanent partial disability. The Commission determined that Charter Communications, Inc. is responsible for paying all awarded benefits after the insurer was found insolvent.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Robert Scola for an alleged neck injury from repetitive flipping of his welding helmet. The injury was found not to have arisen out of and in the course of employment under Missouri law.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Robert A. Graham's right shoulder injury sustained on July 30, 1999, while carrying a fan motor at LATCO Contractors Incorporated. The employee settled his case for 10% permanent partial disability of the right shoulder, with the Commission approving the attorney's fee as fair and reasonable.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent partial disability benefits to employee Lois Dampier for a work injury. The Commission found that the employer terminated the employee due to her inability to perform job duties under medical restrictions, and rejected the employee's claim of permanent total disability, finding insufficient evidence of psychiatric disability resulting from the work injury.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation for Matthew Held, a firefighter injured when buried under bricks, stone, and roof material during a building collapse on February 2, 2003. The claimant was awarded permanent total disability benefits along with past medical expenses and temporary disability compensation.

The Commission affirmed the administrative law judge's award of permanent total disability benefits to Sandra F. Johnson for a low back strain injury sustained on July 14, 1999. The Court found the employee's condition as of maximum medical improvement supported permanent total disability, and the Second Injury Fund was deemed to have no liability in the matter.

The Missouri LIRC affirmed the administrative law judge's decision denying the employee's workers' compensation claim against the Second Injury Fund, finding that the employee failed to prove his preexisting right knee condition constituted a hindrance or obstacle to employment. The court determined that despite applying the proper legal standard focusing on synergistic potential for future injury, the employee's credible testimony and the record did not support a finding of serious preexisting disability.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for a siding installer who suffered a low back disc injury and torn rotator cuff while picking up a heavy siding brake on January 7, 2000. The employee received permanent partial disability compensation of 30% to the low back and 7.5% to the left shoulder, with the Second Injury Fund liable for 21.625 weeks of benefits totaling $6,552.59.

The Commission affirmed the administrative law judge's award of workers' compensation for occupational disease tinnitus suffered by employee Gary Lawson after 41 years of industrial noise exposure at Mississippi Lime Company. The Commission rejected the employer's argument that causation opinions must come from physicians, finding the audiologist's expert testimony credible and sufficient to establish work-relatedness of the tinnitus.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits, finding that the employee failed to meet her burden of proving that her right knee injury arose out of and in the course of her employment. Although the employee's medical expert provided uncontradicted testimony on causation, the Commission determined such testimony was not persuasive and noted that uncontradicted expert testimony does not automatically require a finding in the employee's favor.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to employee June Davis. The case involved allegations that the employee made threatening statements about bringing a gun to the workplace, which the Commission found to be not credible based on the evidence presented.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to the claimant, finding that the injury or occupational disease was not compensable under Missouri law. No benefits were awarded in this case involving a deceased employee with a widower as substitute claimant.