Filtered Decisions

The Commission affirmed the Administrative Law Judge's award finding that employee Kenna Morris sustained a compensable low back injury when she fell on hospital stairs on March 20, 2011 while retrieving a patient's cell phone. The employer was ordered to provide medical care and treatment, with this temporary/partial award subject to further modification pending final determination.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to nurse Lori Lawson for injuries sustained when a patient kicked her in the abdomen and punched her in the face on September 30, 2009. The claimant was awarded 35% permanent partial disability benefits with permanent total disability differential benefits of $384.51 per week for 140 weeks, followed by lifetime permanent total disability benefits of $807.48 per week.

The Commission affirmed the Administrative Law Judge's award denying compensation in a workers' compensation case involving a transport driver who suffered a low back and pelvis injury from falling off an automobile transport truck. Although the injury was found to be compensable and work-related, no compensation was awarded, with the case being settled.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Terence McAndrew for injuries sustained in a fall on September 22, 2009. Although the injury arose out of and in the course of employment, no compensation was awarded in this case.

The LIRC affirmed the administrative law judge's decision denying workers' compensation benefits in a case involving a right index finger injury sustained in a punch press machine. Although the injury was found to have occurred during employment and was compensable under Chapter 287, no compensation was awarded as the case had been previously settled with the employer.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Annette Smith for an alleged right knee injury sustained while climbing a ladder at work on March 16, 2007. The Commission found that the injury did not arise out of and in the course of employment, making it non-compensable under Missouri workers' compensation law.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Terence McAndrew for a right shoulder injury sustained in a fall at work on September 15, 2009. Although the accident occurred during employment, the ALJ determined the injury was not compensable under Missouri workers' compensation law, and no benefits were awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits for Antonio Watkins, finding that his alleged left shoulder injury while sweeping a barge did not arise out of and in the course of his employment. No compensation was awarded in the case.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Robert Claunch for a left wrist injury sustained on January 14, 2009 that resulted in permanent total disability. The Commission found the injury compensable under Missouri law with permanent disability ratings of 75% for the left wrist and 77% for the body as a whole.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Lisa Earley for a left shoulder injury sustained on September 24, 2001, while hanging a beaded dress at Dillard's. The claimant was awarded 23.2 weeks of permanent partial disability compensation totaling $6,322.00 for 10% permanent partial disability of the left shoulder.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Lisa Earley for a lumbar spine injury sustained on April 2, 2004, when she pulled a rounder of clothing on wet carpet at a Dillard's store. The employee was awarded $308,295.11 in total compensation, including medical expenses, temporary disability, and permanent partial disability benefits for the lumbar spine and left knee.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to employee Sherry Shamel for an alleged trip and fall injury. The claim was found non-compensable under Missouri workers' compensation law, with no benefits awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to employee Lorrain Wibbenmeyer, finding the award supported by competent and substantial evidence and in accordance with Missouri law. The Commission rejected the employer's argument that a general release signed during a layoff barred the claim, holding that such releases require approval from an administrative law judge or the Commission under § 287.390 RSMo, which had never been obtained.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent partial disability benefits to Jesus Pintor for a closed head injury, cervical sprain, and lumbar strain sustained when he slipped and fell at work on November 26, 2011. The claimant, a fast food restaurant cook, was awarded 10% permanent partial disability to the body as a whole.

The Commission affirmed the administrative law judge's award of permanent total disability benefits for an employee who sustained a right shoulder injury while lifting a 25-pound ham at a Walmart facility. The Second Injury Fund was ordered to pay weekly compensation of $233.33 for the claimant's lifetime beginning September 29, 2010.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Linda K. Lane for a left knee injury sustained on August 4, 2008, when she fell while assisting a client on a ramp. The claimant was awarded permanent total disability benefits, with the Second Injury Fund designated as an additional party to the case.

The Commission affirmed the administrative law judge's award on medical fee disputes filed by Concannon Plastic Surgery and Specialty Surgical Services, LLC regarding charges totaling $23,656.00 for services rendered to employee Michael Schwab. The decision upheld that the award was supported by competent and substantial evidence and complied with Missouri Workers' Compensation Law.

The Commission affirmed the administrative law judge's award dated November 26, 2012, in this correcting award that superseded the prior award of August 1, 2013. The employee, a nurse who sustained a low back injury on March 28, 2006 while assisting a difficult birth, was awarded 23% permanent partial disability of the body as a whole with compensation for temporary disability and necessary medical aid.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding that employee Kristin Lane sustained a compensable occupational disease (bilateral upper extremity injuries from repetitive work activities) on February 28, 2011. This temporary award authorizes the employer to provide necessary medical treatment and is subject to further modification pending a final award.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Jeanne Wilson's left knee injury sustained in a slip and fall on September 30, 2008 at Park Terrace. The employee was awarded 56 weeks of permanent partial disability (35% left knee) and permanent total disability benefits from the Second Injury Fund at $205.50 per week.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for an employee who sustained a severe comminuted calcaneus fracture with subtalar joint involvement after falling eight feet from a roof while attempting to remove guttering. The employee was found to have suffered a compensable work-related injury resulting in 33% permanent partial disability to the body as a whole.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits, despite finding that the employee did sustain an accident when she fell while descending restaurant stairs on July 10, 2008. The employee was attending a work-related business dinner meeting, but the Commission ultimately upheld the denial of compensation.

The Commission affirmed the administrative law judge's award granting workers' compensation benefits to James Ryan for a left shoulder injury sustained on July 27, 2007 while operating a lift at work. The award includes 23.2 weeks of permanent partial disability compensation totaling $9,025.73, and the Second Injury Fund claim was denied.

The Commission affirmed the Administrative Law Judge's award of permanent total disability compensation to employee Carolyn Brashers for a January 2009 work injury, finding that the injury caused new and additional permanent limitations including increased pain and difficulty with prolonged sitting and walking. The Commission rejected the Second Injury Fund's argument that the employee was already permanently and totally disabled before the primary injury, holding that the employee's pre-injury employment demonstrated her ability to compete in the labor market and that the injury caused measurable additional disability.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Ken Ruch for a low back injury sustained on December 8, 2009, when he fell and was struck by crates of milk at Prairie Farms Dairy. The claimant was awarded 41.32 weeks of permanent partial disability benefits totaling $17,477.12 from the Second Injury Fund.