Filtered Decisions

The Commission affirmed the Administrative Law Judge's award denying all workers' compensation benefits to the claimant, finding no compensable injury or occupational disease occurred. No compensation was awarded for medical expenses, disability benefits, or death benefits in this case.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Ivan Fall for an occupational disease incident occurring on April 11, 2008, that arose out of and in the course of employment. The employee was awarded $4,997.97 in past medical expenses, future medical treatment coverage, and a 15% permanent partial disability award for the body as a whole.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Matthew Branson for a right shoulder injury sustained on July 14, 2010, when he slipped on a mat without grips. The claimant was awarded 22.5% permanent partial disability of the right shoulder with compensation payable through the Second Injury Fund in the amount of $10,066.90.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Susan Barton, finding the employer failed to prove the injury was caused by the employee's violation of safety rules. The Commission determined the employee is permanently totally disabled and not employable in the open labor market, rejecting the employer's attempt to reduce compensation based on alleged safety violations.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Ahdenah Fulcher-Tate for an alleged low back injury sustained while moving furniture during a contraband search on July 30, 2000. The Commission found that the injury did not arise out of and in the course of employment and therefore was not compensable under Missouri law.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits for an employee whose right hand became trapped in a gizzard machine at a poultry processing facility on August 7, 2009. The employee was awarded permanent total disability benefits beginning December 31, 2009, payable at $245.71 per week for the remainder of his lifetime.

The Missouri Court of Appeals affirmed in part and reversed and remanded the Commission's award, directing recalculation of Second Injury Fund benefits to exclude preexisting thumb disability and scarring. The Commission recalculated benefits and awarded the Second Injury Fund liability of $10,333.41 in permanent partial disability benefits based on 297.75 weeks of combined preexisting and primary injury disabilities.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Walter Kramer for injuries to both shoulders sustained in a fall down stairs on April 17, 2008. The employee was awarded permanent partial disability benefits of 16% to each shoulder and permanent total disability benefits from the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing compensation for Anne Poole's injuries sustained in a motor vehicle accident on June 7, 2010, while returning to her employer's premises. The Commission concluded that the employee's injuries arose out of and in the course of employment under Missouri workers' compensation law, satisfying the causal connection test required by § 287.020.3(2) RSMo.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Patricia Thomas, finding that no compensable injury or occupational disease occurred. The decision determined that the alleged injury did not arise out of and in the course of employment, and therefore no compensation was awarded.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Timothy R. Parker for occupational asthma caused by chemical exposure at his workplace on March 3, 2009. The employee was awarded 25% permanent partial disability of the body as a whole, with total compensation of $38,700.00 plus future medical benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to employee Ross E. Lawrence. While the Commission expressed concerns about the ALJ's decision to quash the employee's corporate designee subpoena, it determined that the resulting award would not have differed even if the subpoena had been granted.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent and total disability benefits to Sandra Mazzocco for a compensable occupational disease that occurred on January 10, 2000, while employed by the Department of Elementary and Secondary Education. The employee is entitled to weekly compensation of $578.48 beginning December 27, 2005, with medical expenses totaling $302,706.07 already paid by the insurer.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Eleanora Breese for bilateral carpal tunnel syndrome developed from repetitive data entry work. The claimant received permanent partial disability settlement and permanent total disability benefits from the Second Injury Fund beginning May 11, 2006.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Larry Burnam for a low back injury sustained on June 11, 2008, while performing maintenance work on an MRI chiller unit. The employee was awarded permanent partial disability benefits, temporary total disability benefits, and reimbursement for medical expenses totaling over $53,000.

The Commission affirmed the Administrative Law Judge's denial of the employee's claim for permanent partial or permanent total disability benefits from the Second Injury Fund. The employee failed to meet his burden of proving sufficient credible evidence of preexisting conditions that would constitute a hindrance to employment at the time of the primary work injury.

The Commission affirmed the Administrative Law Judge's award of permanent partial disability benefits from the Second Injury Fund, rejecting the employee's appeal for permanent total disability benefits. The court found that while the employee is permanently and totally disabled, he failed to prove that his total disability resulted solely from the work-related injury combined with preexisting conditions, as subsequent injuries and conditions could not be attributed to the May 8, 2000 work injury.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Connie D. Miles for a work-related left knee injury, finding the award supported by competent and substantial evidence. The decision addresses the liability of the Second Injury Fund for permanent partial disability benefits, with the employee having suffered left knee injuries in 1993 and 1996 prior to the primary injury at issue.

The Commission affirmed the administrative law judge's award of permanent total disability benefits to David Robben from the Second Injury Fund, finding that his disability resulted from a combination of his primary 2004 low back injury and preexisting 2002 low back injury and surgery. The Commission rejected the Second Injury Fund's argument that the disability stemmed solely from the primary injury, finding credible evidence that Robben's need to rest in a recumbent position during the day renders him unable to compete in the open labor market.

The Missouri LIRC affirmed the administrative law judge's award allowing workers' compensation benefits to Jon David Barnhill for injuries sustained in a 1996 motorcycle accident while employed by Allied Kansas City. The Commission issued supplemental affirmative findings of fact to address the Second Injury Fund's challenge regarding permanent total disability benefit liability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent partial disability benefits from the Second Injury Fund, rejecting the employee's argument that he was permanently and totally disabled. The Commission found the vocational expert's testimony unpersuasive and concluded that the employee was capable of performing substantial gainful employment.

Employee Glenda Hunter slipped and fell on ice in the employer's parking lot while returning from a smoke break on February 28, 2013, suffering injuries to her right lower extremity and back. The Division of Workers' Compensation awarded temporary benefits for medical treatment including MRI scans, pain management, physical therapy, and psychological evaluation, finding the injury compensable as arising out of and in the course of employment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award and decision dated August 20, 2013, finding the liability determination was supported by competent and substantial evidence and made in accordance with Missouri Workers' Compensation Law. The award is temporary or partial, with proceedings kept open for further determination pending a final award.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Larry Voidanoff's work-related injury to his right lower extremity sustained on May 19, 2005, when his shoe caught in a ladder grate while stocking shelves. The employee was awarded 75% permanent partial disability and permanent total disability benefits of $200.00 per week for life, with the Second Injury Fund assessed for liability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's temporary award of workers' compensation benefits to Alan Mortimer for a compensable occupational injury consisting of mild right carpal tunnel syndrome and early cubital tunnel syndrome caused by repetitive assembly work. The Commission found that objective medical evidence, including EMG testing and authorized medical treatment records, supported the finding that the employee sustained a compensable overuse injury requiring additional medical care.