Filtered Decisions

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Dennis F. Schenk for a left shoulder injury sustained in a fall from his truck on September 24, 2009. The employee was found to have suffered 50% permanent partial disability of the left shoulder, with compensation awarded for temporary total disability and medical expenses.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Mary K. Meyer's fall injury sustained on January 22, 2007, at Delmonico's in Cape Girardeau County, Missouri. The employee settled her claim for 25% permanent partial disability of the left hip and 15% permanent partial disability of the left knee, with the Second Injury Fund as an additional party to the case.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Sheri Hill-Wurtz for an alleged back injury that occurred on February 24 or March 3, 2001. The injury was found not to be compensable as it did not arise out of and in the course of employment, and no benefits were awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits for Steven Crossley's right knee injury sustained in a slip and fall accident on July 9, 2010. The claimant was awarded compensation for unpaid medical expenses, temporary total disability, and permanent partial disability of 35% of the right knee.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Ronald Herbert's low back disc injury sustained while driving steel posts into the ground on October 28, 2008. The claimant was awarded 50% permanent partial disability to the low back, with temporary disability compensation of $37,252.87 already paid and permanent total disability benefits from the Second Injury Fund.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Laveta J. Van Norman for injuries to her left knee and low back sustained in a workplace fall on December 27, 2009. The claimant was awarded compensation for permanent disability of 25% to the left knee and 12.5% to the body as a whole referable to the low back, with the Second Injury Fund liable for $6,325.60 in benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Mary Riegel for a right knee injury sustained on May 5, 2010, arising out of her employment. The claimant was awarded 15% permanent partial disability compensation for the right knee in the amount of $8,343.60, with the Second Injury Fund liable for a portion of the award.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for two occupational injuries sustained by Paul J. Kist on March 18, 1999 (back injury) and July 8, 2000 (neck injury) while employed at Mississippi Lime Company. The employee settled for 60% permanent partial disability of the body as a whole for the lumbar spine injury and 10% permanent partial disability of the body as a whole for the cervical spine injury.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of temporary total disability benefits and medical treatment for an employee who sustained a cervical disc herniation on December 9, 2011. The Commission found the employee's testimony regarding the accident and her injury credible, supported by medical records showing a herniated disc at C5-6 that was not present in prior imaging.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Eric Gillespey for a head injury sustained on June 20, 2003, when he was struck by a van door. The claimant was awarded $31,444.11 in total compensation, including unpaid medical expenses, temporary disability benefits, and permanent partial disability benefits of 20% PPD.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits, finding that the employee failed to meet his burden of proof regarding medical causation. The Commission determined that the employee's expert medical opinion lacked persuasive value due to insufficient information about work duties and other relevant factors.

The Missouri Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Craig Wingbermuehle's compensable occupational disease injury occurring on September 16, 2010. The case involved the City of St. Louis as employer and the Second Injury Fund, with all parties having settled.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to employee Lester Barker for a lumbar spine injury sustained on April 5, 2010, while lifting and twisting large drain pipes at work. The employee was found to be permanently and totally disabled due to permanent work restrictions from the back injury combined with illiteracy, entitling him to ongoing compensation and future medical care.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Howard Turner for a left ankle fracture caused by a forklift accident on August 3, 2004. The employee was awarded 179.5 weeks of permanent partial disability benefits at 90% of the 155-week level, plus unpaid medical expenses of $4,974.97.

The Commission affirmed the administrative law judge's award of permanent total disability benefits for a self-employed flooring contractor who suffered a herniated disc in his low back while lifting a vacuum cleaner from his truck on June 7, 2005. The employee is entitled to weekly compensation of $666.67 beginning October 1, 2008, for his lifetime.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Richard L. Meyer, a carpenter who suffered a torn anterior cruciate ligament to his right knee while lifting plywood. The claimant was awarded 37.5% permanent partial disability benefits, with the Second Injury Fund providing permanent total disability benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for an employee who developed dermatitis in his right hand from work involving wood staining with sprayers in 2006. The commission found the award supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

The Commission affirmed the Administrative Law Judge's amended award allowing workers' compensation benefits to Ralph Shelton for injuries sustained in a fall from a 25-foot guard tower on September 13, 2007. The employee was awarded permanent partial disability of $80,982.72 from the employer and permanent total disability benefits from the Second Injury Fund at $361.53 per week beginning June 13, 2012.

The Missouri Court of Appeals reversed the Commission's denial of workers' compensation, finding the Commission applied an incorrect standard for causation in a blood-borne pathogen exposure case. The Commission on remand issued this final award allowing compensation to the widow of a lab technician who was exposed to blood and body products during his 37-year employment without proper safety precautions.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for Robert Dungan, who fell on ice on December 18, 2008, while employed by Fuqua Homes, Inc. No compensation was awarded because the claim was not filed within the time required by law, despite the accident arising out of and in the course of employment.

The Commission affirmed the administrative law judge's denial of workers' compensation benefits for Mary Compton (deceased), finding that her claim was barred by the two-year statute of limitations under Missouri law. The employee's April 2007 workplace injury claim was not filed until January 2012, well beyond the statutory deadline, and subsequent medical treatment at an employer clinic in 2010 did not toll the statute of limitations.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Norman Ott for a right shoulder injury sustained on April 30, 2008, while lifting a box overhead at Government Employees Hospital. The claimant was awarded 15 percent permanent partial disability to the right shoulder with compensation of $6,024.92 from the employer/insurer.

The Missouri Court of Appeals reversed the LIRC's initial award allowing compensation, and the LIRC issued a final award denying the employee's claim for workers' compensation benefits. The employee failed to provide timely written notice of her January 29, 2010 work-related right knee injury within the statutory 30-day requirement and could not prove the employer was not prejudiced by the delay.

The Missouri LIRC affirmed the Administrative Law Judge's award of workers' compensation benefits to David Groves for a permanent total disability resulting from a heavy equipment driving accident on October 17, 2005, in Jasper County. The award includes permanent partial disability compensation of $85,574.75, disfigurement benefits, and medical expenses totaling $337,982.69, with the Second Injury Fund liable for the permanent total disability differential.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for an employee who sustained a right knee injury while performing duties as a correctional officer at a jail facility. The Commission found that the employee met her burden of proof on medical causation, rejecting the Second Injury Fund's argument that the condition resulted from preexisting degenerative disease rather than the traumatic twisting injury that occurred on September 5, 2009.