Filtered Decisions

The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for a police officer's death allegedly caused by an occupational disease arising from job-related stress. The majority found no compensable occupational disease, though one dissenting commissioner argued the case fell under Missouri's special provision for police officer stress-related claims.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Steven Scott Oakley for injuries sustained when a loading dock door fell on him on November 17, 2010. The employee received compensation for temporary total disability, necessary medical care, and permanent partial disability benefits affecting his thoracic spine, low back, and head.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Donald Nash for an alleged burn to his left foot and big toe that occurred on November 23, 2015. The decision found that the alleged 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 compensation for an occupational disease claim filed by David M. Shields. The decision found no compensable disability from the May 3, 2013 primary occupational disease claim, though one dissenting opinion argued the Second Injury Fund should be liable for permanent total disability benefits based on the combined effect of the occupational disease with pre-existing hearing loss, tinnitus, and sleep apnea.

The LIRC affirmed the administrative law judge's award in a medical fee dispute where Timberlake Surgery Center sought additional reimbursement for authorized left shoulder rotator cuff surgery performed on employee James Noel. The court found the HCP's charges fair and reasonable, and entitled to payment, while denying pre-judgment interest and attorney's fees.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Jamie E. Overstreet for a knee injury sustained on February 12, 2018. A dissenting opinion argued the injury arose out of employment and that the employee was entitled to temporary total disability, permanent partial disability, and future medical benefits.

The Commission affirmed the Administrative Law Judge's final award denying workers' compensation benefits to Melissa Sulier, a nurse who alleged a right elbow injury when assisting a patient. Although the injury arose out of and in the course of employment, the claim was found not to be compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation to Kevin G. Young for carpal tunnel injuries, finding the award supported by competent and substantial evidence. The Commission upheld the ALJ's evidentiary rulings excluding certain statements that were not provided to the employee's attorney within the statutory thirty-day period required by Missouri law.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Gerald Wedel for injuries sustained on April 5, 2018, finding that the injury did not arise out of and in the course of employment. No compensation was awarded in this case.

The Commission affirmed the Administrative Law Judge's denial of the employee's Second Injury Fund claim for permanent total disability. The employee's claim failed to meet the statutory requirements under § 287.220.3, as the preexisting disability and subsequent work-related injury did not satisfy the conditions for Second Injury Fund compensation.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Christopher Walters for an occupational disease with a date of maximum medical improvement on March 27, 2015. The employee was awarded permanent partial disability payments beginning March 28, 2015, and later became permanently and totally disabled on October 1, 2017.

The Missouri Court of Appeals reversed the Commission's initial denial and remanded for a final award determining the employee (hairdresser) developed malignant mesothelioma from occupational exposure to asbestos-containing hairdryers, with last exposure occurring around 1982 while employed by Papillion, Ltd. The Commission issued this final award allowing compensation and directing determination of remaining issues including medical bills, enhanced benefits, and attorney's fees.

The Missouri LIRC affirmed the administrative law judge's award of workers' compensation benefits to William Rector for a compensable injury sustained on August 14, 2015, finding the ALJ's decision supported by competent and substantial evidence. A dissenting opinion argued the employee should have been found permanently and totally disabled rather than 30% permanently partially disabled when considering pre-existing conditions in combination with the primary injury.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Kevin Willems. The decision found the award was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law, though a dissenting opinion argued the employee was not permanently and totally disabled.

The LIRC affirmed the administrative law judge's decision denying workers' compensation to employee Mark A. Hundley, finding that while a traumatic accident occurred, he failed to establish that the accident was the prevailing factor causing his medical condition. The concurring opinion acknowledged credible evidence of a traumatic event but concluded that the employee's treating physician could not clearly establish causation between the accident and the alleged traumatic brain injury.

The Commission affirmed the administrative law judge's award that the health care provider's application for payment of additional reimbursement of medical fees was not timely filed under § 287.140.4, RSMo. The court rejected the provider's argument that the statute version effective on the date of injury should apply, holding that medical fee disputes are governed by the statute version effective on the date services were provided, not the date of the original workers' compensation injury.

The Missouri LIRC affirmed the administrative law judge's denial of workers' compensation benefits for Keavin Edwards' January 30, 2017 left shoulder injury, finding that the incident aggravated a preexisting condition rather than creating a new compensable injury. The Commission found Edwards' testimony not credible regarding the absence of shoulder problems between his 2008 surgery and the 2017 incident, and adopted medical opinions attributing his 35% permanent partial disability to preexisting degeneration and degenerative arthritis rather than the work incident.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of 12% permanent partial disability for a lumbar spine injury sustained on May 17, 2016. The Second Injury Fund was found to have no liability because the employee failed to demonstrate preexisting disabilities meeting the statutory definitions required under § 287.220.3(2)(a).

The LIRC affirmed the ALJ's temporary or partial award finding that the employee's December 5, 2018 work injury arose out of and in the course of employment and was causally related to his claimed cervical spine injuries. The majority determined the award was supported by competent and substantial evidence, though a dissenting member argued the injury merely triggered a preexisting degenerative disc disease condition.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to William Wilson for his November 8, 2017 right foot injury. One commissioner dissented, arguing that the employee's preexisting disabilities and cardiovascular condition should have qualified him for benefits from the Second Injury Fund under § 287.220.3.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to employee Gary M. Weibrecht, finding the denial was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law. The Commission also affirmed the denial of the employee's post-trial motions seeking to reopen the record and submit additional medical evidence.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to employee Dwayne Southerland for his September 6, 2011 shoulder injury. One commissioner dissented, arguing the Second Injury Fund should be liable for permanent total disability resulting from the combination of the primary injury and pre-existing conditions.

The Missouri LIRC affirmed the Administrative Law Judge's denial of workers' compensation benefits for Patricia Smith's fall at Lester E. Cox Medical Centers, finding the injury did not arise out of and in the course of employment. One commissioner dissented, arguing the employee's slip on a buffed and polished floor was a compensable work injury supported by circumstantial evidence.

The Commission affirmed the Administrative Law Judge's decision denying compensation to Patricia Smith for injuries sustained in a slip-and-fall incident on February 21, 2017, finding the injury did not arise out of and in the course of employment. A dissenting opinion argued the employee's testimony regarding a slippery buffed and polished floor was credible and sufficient to establish a compensable work injury.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying compensation, finding that the evidence did not support the employee's claim for Second Injury Fund liability despite preexisting conditions including carpal tunnel syndrome and hand surgery from his prior work as a meat cutter. The decision upheld the denial of workers' compensation benefits in this settled matter between the employee and employer/insurer.