Filtered workers' comp decisions

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 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 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.

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 Commission affirmed the administrative law judge's award denying workers' compensation benefits to Jerome Ives for a work-related back injury sustained on April 19, 2006, while employed as a truck driver. The employee suffered a herniated disc at L4-5 requiring fusion surgery, but the award was denied despite expert testimony regarding permanent total disability and Second Injury Fund liability claims.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation to employee Douglas Wyckoff, finding that the employer was liable for past medical expenses despite initially denying treatment based on a competing medical opinion. The Commission held that once an employer denies compensation for a work injury, the employee may pursue independent treatment and later seek reimbursement, as the employer waives its statutory right to direct care.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Elizabeth Garlock for a lumbar spine injury sustained on April 28, 2003 while lifting in the course of employment. The claimant was awarded permanent partial disability compensation of 31% of the body as a whole, with total benefits of $65,398.22 payable by the employer/insurer and Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Debra Pitman for carpal tunnel syndrome in her right hand, rejecting the Second Injury Fund's argument that occupational diseases do not qualify as compensable injuries. The decision reaffirmed established precedent that carpal tunnel syndrome constitutes a compensable occupational disease injury under Missouri Workers' Compensation Law.

The Missouri LIRC affirmed the Administrative Law Judge's award granting workers' compensation to Jeffrey Taylor, finding him permanently and totally disabled due to lower extremity injuries combined with preexisting conditions. The Commission clarified that credible expert testimony established employee's sedentary work limitations from the primary injury, combined with preexisting upper extremity disabilities, rendered him unable to compete for employment.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent total disability compensation to David Tippen, with a supplemental opinion clarifying the dependency entitlement of his wife Mary Tippen under Missouri workers' compensation law. The decision addressed whether dependents retain rights to permanent total disability benefits following the 2008 legislative amendments that expressly rejected the Schoemehl holding.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to Michael Ellington against the Second Injury Fund, finding that his primary injury combined with preexisting disabilities rendered him permanently and totally disabled. The Commission issued a supplemental opinion to clarify the dependency benefits entitlement of the employee's wife under Missouri workers' compensation law, addressing issues raised by subsequent case law.

The Commission affirmed the ALJ's award of workers' compensation benefits to an employee who fell at work on December 31, 2009, sustaining injuries to her left arm, shoulder, hip, and back. The employee was awarded past medical expenses, temporary total disability benefits, permanent partial disability benefits, and disfigurement compensation.

The Commission affirmed the administrative law judge's award denying workers' compensation benefits to Jackie Porter for a hip injury and back aggravation sustained in a fall on July 16, 2009. The employee's testimony regarding the circumstances of the fall was found to be unreliable due to memory and cognition problems, and insufficient credible evidence established that the injury arose out of and in the course of employment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Michael Simpson for a low back injury sustained on July 12, 2007, while unloading and stacking metal sheets at Lyon Sheet Metal. The Commission approved total compensation of $27,560.99 for medical expenses, temporary total disability, and permanent partial disability benefits.

The Commission affirmed the administrative law judge's award allowing compensation to employee Donna Bolerjack for a work-related low back injury, finding the award supported by competent and substantial evidence. The decision resolved disputes over medical expenses, disability nature and extent, and temporary total disability benefits by crediting the administrative law judge's determination regarding which medical expert provided more credible testimony on the employee's condition and maximum medical improvement.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Robert Luster's bilateral carpal tunnel syndrome, rejecting the Second Injury Fund's argument that occupational diseases are excluded from triggering Second Injury Fund liability. The decision reaffirmed prior Commission precedent and cited recent Court of Appeals decisions supporting this interpretation of Missouri Workers' Compensation Law.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Linda Taylor for injuries sustained in a fall through a doorway on August 18, 2008. The employee was awarded permanent partial disability benefits for the left ankle (20% PPD) and right elbow (15% PPD), with the Second Injury Fund providing permanent total disability benefits.