Filtered Decisions

The Missouri LIRC affirmed the administrative law judge's award of workers' compensation benefits to Gregory Meredith for injuries sustained on October 9, 2009, when a garage door pinned him between the door and a forklift at his workplace in St. Louis County. The case was settled with the employer and insurer, with the Second Injury Fund liable for permanent partial disability benefits of $15,094.74 based on 15% body as a whole and 5% left shoulder disability.

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to Joseph Forbes for a work injury sustained on November 21, 2007. The supplemental opinion clarified that Forbes's three dependent children are entitled to continuing permanent total disability benefits under the Schoemehl holding, as the claim was pending between the relevant statutory amendment dates.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Sheran Robinson for injuries sustained when a filing cabinet fell on her at work on October 8, 2004, causing injuries to her neck, back, and left upper extremity. The employee was found to have permanent total disability and is entitled to ongoing compensation benefits.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for Deborah Allen's occupational disease injury involving bilateral hands, fingers, and right shoulder sustained from repetitive motion activities on May 1, 2007. The Second Injury Fund was determined liable for 11.25 weeks of permanent partial disability compensation totaling $4,236.19.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Eric Conrad's bilateral elbow injuries sustained on November 1, 2009 in the course of his employment. The claimant was awarded permanent partial disability compensation totaling $9,937.15 from the Second Injury Fund, with the employer having previously paid 99.75 weeks of benefits.

The Commission affirmed the ALJ's decision denying compensation for bilateral carpal and cubital tunnel syndromes, finding that the medical opinions of Drs. Kramer, Ollinger, and Strecker establishing no work-related causation were more credible than Dr. Schlafly's opinion linking the condition to repetitive work activities. The employee's claims against American Airlines and the Second Injury Fund were denied.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Carol Herrington for an occupational disease injury that arose out of her employment at Cedar Ridge Manor on June 10, 2008. The Commission rejected the employer/insurer's arguments regarding future medical care, finding that the employee's medical expert's credible opinion regarding the need for future treatment outweighed the treating physician's silence on the matter.

The Labor and Industrial Relations Commission affirmed the administrative law judge's May 25, 2012 award granting workers' compensation benefits for an employee's right shoulder and knee injuries sustained from a fall on June 24, 2009. The Commission approved the full medical expense award and attorney's fee as fair and reasonable.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for Robert Mahurin's low back injury sustained on December 15, 2005, during his employment at Washington University. The claimant was awarded 17% permanent partial disability previously paid by the employer, plus permanent and total disability benefits from the Second Injury Fund beginning September 1, 2007.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Judy Gunn for a right shoulder injury sustained on May 10, 2008, from repetitive use and lifting in the course of employment. The Second Injury Fund was found liable for 31.96 weeks of permanent partial disability totaling $12,433.72.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Mark Parchmon for carpal tunnel syndrome in both wrists sustained on March 10, 2008, while employed at Atlantic Express of Missouri. The claimant was awarded 17.5% permanent partial disability for each wrist, with the Second Injury Fund liable for 16.81 weeks of compensation totaling $6,056.31.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for John Clifton's occupational noise exposure injury resulting in bilateral hearing loss with 22.1% permanent partial disability. The Commission approved the allowance of attorney's fees and ordered compensation payments totaling $6,408.88, with the Second Injury Fund liable for 17.02 weeks of permanent partial disability.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Thomas Cummiskey for a right knee injury sustained on June 4, 2010, while employed as a bricklayer and tuck-pointer. The injury, caused by leg-intensive repetitive duties including kneeling, squatting, and climbing, resulted in 25% permanent partial disability with the Second Injury Fund liable for $4,282.57 in compensation.

The Commission affirmed the administrative law judge's award of permanent and total disability benefits to Carol Ballard following her slip and fall on grease at the employer's supermarket on August 19, 2008. The claimant is entitled to lifetime permanent total disability benefits beginning February 22, 2010, along with necessary medical treatment.

The Missouri LIRC affirmed the Administrative Law Judge's award of permanent partial disability compensation to Kenneth Dixon for a left forearm injury sustained when struck by a backhoe on June 20, 2006. The Commission found the award supported by competent and substantial evidence, including liability of the Second Injury Fund for the synergistic effect of the work injury combined with pre-existing cardiac and cervical spine conditions.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Allen Mills for a left shoulder injury sustained on September 6, 2005 while loosening a bolt at work. The claimant was awarded permanent total disability benefits, with the Second Injury Fund liable for ongoing weekly benefits of $696.97 for his lifetime.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Kim Fugate's cervical spine injury sustained on June 13, 2005 while employed at North Village Park, LLC. The claimant was awarded permanent total disability benefits and Second Injury Fund liability with weekly compensation of $234.72 beginning August 18, 2009.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to employee Jimmie Alston for a low back injury sustained on March 17, 2008, when he slipped in mud while carrying a ladder at work. The claimant was awarded 25% permanent partial disability benefits totaling $48,240.96 from both the employer/insurer and the Second Injury Fund.

The Commission affirmed the administrative law judge's award allowing workers' compensation to Tammy Stroud for a low back injury, finding the award supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law. The employee's claim for permanent total disability was evaluated in light of credibility concerns regarding her testimony about her functional abilities, though her account of the accident itself was found credible.

The Commission affirmed the Administrative Law Judge's award finding that the employee's bilateral carpal tunnel syndrome resulting from repetitive work was a compensable occupational disease. This is a temporary or partial award with proceedings remaining open for final determination of permanent disability benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Kathleen Sikes for injuries sustained in a slip and fall accident on April 3, 2007, while taking out trash at her workplace. The employee was awarded compensation for permanent partial disability and medical expenses totaling $256,577.08, with the Second Injury Fund liable for permanent total disability benefits.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Jacob Morris's occupational carpal tunnel syndrome in his left wrist, contracted on October 1, 2008. The award provided 16.5% permanent partial disability compensation totaling $3,156.00 from the Second Injury Fund, with the employer's portion previously settled.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to James Burke for a compensable occupational disease injury to his cervical spine. The decision rejected the Second Injury Fund's argument that occupational diseases are excluded from triggering Second Injury Fund liability.

The LIRC affirmed the administrative law judge's award allowing workers' compensation for Michael Coleman's bilateral carpal tunnel syndrome, rejecting the Second Injury Fund's argument that occupational diseases are excluded from the definition of compensable injury. The decision reaffirms consistent prior rulings and aligns with recent appellate court decisions on the same issue.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits for Kristine Gibbons, finding that her alleged low back injury while restraining a patient did not arise out of and in the course of employment. No compensation was awarded, and the Second Injury Fund claim was also denied due to the lack of a compensable primary injury.