Filtered Decisions

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.

The Commission affirmed the Administrative Law Judge's award allowing compensation for an acute synovitis injury to the left knee sustained on July 15, 2008, when the employee struck his knee at work. The Commission found that while the injury caused acute inflammation and swelling, the medical evidence did not support a finding of permanent partial disability, as the preexisting condition was determined to be the prevailing factor rather than the work injury.

The Commission affirmed that the employee sustained a compensable injury by accident on July 31, 2008, and modified the administrative law judge's award to clarify medical causation findings. The Commission found Dr. Amundson's opinion most credible regarding the employee's low back injury and disc herniation resulting from the workplace accident.

The Commission affirmed the Administrative Law Judge's award of workers' compensation for Charles Harris III, who developed bilateral carpal tunnel syndrome from repetitive use of his hands as a contractor. The Second Injury Fund was ordered to pay 21.53 weeks of permanent partial disability benefits totaling $8,712.33 for 15% permanent partial disability of both wrists.

The Missouri LIRC affirmed the ALJ's award finding employee Wanda Wright permanently and totally disabled solely due to physical and psychological disabilities from the primary injury. Permanent total disability benefits were awarded commencing March 26, 2008, the day following termination of temporary total disability benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Hiba Sadic for an alleged right shoulder injury occurring on April 4, 2006, while working on a production line at Semco Plastics Company. The Commission found that the injury did not arise out of and in the course of employment, and therefore no compensation was awarded.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding the employee permanently and totally disabled from a compensable work injury sustained on October 18, 2006, when struck by falling lumber. The Commission rejected the employer/insurer's argument regarding Second Injury Fund liability, clarifying that such liability only applies when primary injury results in permanent partial disability, not total disability.

The Commission affirmed the Administrative Law Judge's award finding that employee Rosario Grado sustained a compensable back injury while lifting a gate in the course of employment on August 1, 2008. The employee was awarded 12.5% permanent partial disability through settlement with the employer and permanent total disability benefits from the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing compensation for Barbara Magouirk's bilateral carpal tunnel syndrome developed from repetitive hand use in employment. The Commission rejected the Second Injury Fund's argument that occupational diseases are excluded from the definition of 'injury' for purposes of Second Injury Fund liability.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Barbara Shupe for a work-related lumbar injury (herniated disc and piriformis syndrome) sustained on August 31, 2009. The Commission found the employee met her burden on medical causation, temporary total disability, and permanent partial disability benefits.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Barbara Shupe for a work injury sustained on September 15, 2009. The decision upheld liability for past medical expenses and temporary total disability benefits, finding the employer was on notice of the employee's need for treatment but failed to provide it.

The Commission affirmed the ALJ's Final Award denying compensation to employee Jayson Brockhouse, finding that the employee failed to meet his burden of proof regarding notice and medical causation of a May 30, 2008 workplace accident. The decision upholds the denial of claims against both the employer and the Second Injury Fund.

The Commission affirmed the administrative law judge's award allowing compensation for James Hershel Demore's work-related motor vehicle accident that occurred on June 29, 2009 while traveling to respond to a vandalism and burglary incident for his employer. The award covered unpaid medical expenses of $7,426.77 with a 25 percent attorney's lien.

The Commission affirmed the ALJ's amended award granting Ozie C. Prier permanent total disability benefits against the Second Injury Fund, with a maximum medical improvement date of December 20, 2007. The Commission rejected arguments from the employee and Second Injury Fund regarding an earlier MMI date and the alleged overpayment credit for temporary total disability benefits.

The Commission affirmed the Administrative Law Judge's award granting permanent total disability benefits to Clyde Crane for a left shoulder injury sustained on July 2, 2008, finding that medical evidence supported causation despite preexisting shoulder problems. The court determined that the work injury caused a rotator cuff tear and was the prevailing factor in the employee's permanent total disability, with benefits to be paid by the Second Injury Fund.

The Commission affirmed the ALJ's denial of workers' compensation benefits for hearing loss allegedly caused by a September 7, 2007 workplace accident where the employee was struck in the head with a pallet jack. The employee failed to meet the burden of proof by offering inadmissible medical records containing hearsay opinions without proper foundational evidence or expert testimony establishing the causal relationship between the accident and hearing loss.