Filtered Decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to Christopher Lowe for an alleged accident on July 22, 2008. The Commission found that no compensable injury or occupational disease occurred and that the claim was not entitled to compensation under Missouri workers' compensation law.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Daphne Pennewell for a low back injury sustained on July 14, 2006, while leading a program for female high school athletes at Hannibal Regional Hospital. The employee was determined to be permanently and totally disabled and awarded permanent total disability benefits of $718.87 per week for life, along with ongoing medical care.

The Missouri Court of Appeals remanded the case for reconsideration of the Second Injury Fund's synergistic combination argument, and the Commission affirmed the administrative law judge's denial of compensation. The Commission found the employee had a 5% preexisting permanent partial disability of the right shoulder at the time of his 2003 work injury.

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to Doug Nord for an alleged low back injury sustained from repetitive use and traumatic impact while riding in fire trucks on March 31, 2006. The case was determined not to constitute a compensable injury under Missouri law, with no accident or occupational disease found to have occurred in the course of employment.

The Commission affirmed the Administrative Law Judge's decision denying compensation in a workers' compensation case where the employee suffered a shoulder injury lifting trash cans. Although the injury was deemed compensable and arose out of employment, no benefits were awarded as the case had been previously settled.

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to Ted Jackson against the Second Injury Fund. The decision rejected the Second Injury Fund's argument that Jackson's disability resulted solely from his last injury, finding instead that his preexisting disabilities synergistically combined with the last injury to cause his permanent total disability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Thomas Skornia for a left shoulder injury sustained on August 29, 2008, while employed as a sheet metal worker. The employee was found to have permanent total disability due to the combination of his shoulder injury and inability to return to his vocational occupation.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to James M. Blanton for a cumulative occupational disease injury to his right upper extremity sustained while working as a mechanic for American Airlines. The claimant was awarded permanent partial disability benefits of 20% to the right upper extremity at the 210-week level, with the Second Injury Fund contributing to the award.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that a certified Nurse's Aide's exposure to repetitive use of both wrists and elbows at a nursing home constituted a compensable occupational disease. This temporary or partial award establishes liability and entitlement to benefits, with proceedings kept open for determination of final compensation amounts.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Trina Hamilton's occupational disease involving bilateral upper extremities caused by repetitive use of upper extremities. The Second Injury Fund was found liable for permanent total disability benefits of $14.69 weekly differential plus $368.74 for the claimant's lifetime.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Alfred Mallot's low back injury sustained on January 6, 2009, while loading pipe. The Second Injury Fund was held liable for lifetime weekly differential payments of $320 per week after an initial 50-week period beginning May 7, 2009.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Mohamed El Karanchawy for an alleged back and abdominal injury sustained while lifting boxes at work. 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 Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Kenneth Enderle for occupational disease claims. A dissenting opinion argued the employee's repetitive left-hand use as a forklift operator caused carpal tunnel syndrome and should have been compensable.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Rose Turner for an occupational disease claim. The Commission rejected the employer's statute of limitations defense, finding that the limitations period does not begin running for occupational diseases until the injury becomes reasonably discoverable and the employee has competent medical evidence of a work-related causal connection.

The Commission affirmed the administrative law judge's award denying workers' compensation benefits, finding that the employee failed to prove a work-related lower back injury on September 24, 2009. The employee's own medical expert testified that any lumbar injury occurred on a later date (November 9, 2009), not from the alleged September 24, 2009 accident.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Tommy Mittenburg for an alleged back injury on December 14-16, 2009. The denial was based on findings that the employee did not sustain an accident and failed to comply with statutory written notice requirements.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Gina Burkes, finding that no compensable injury or occupational disease occurred on May 24, 2009. The employee failed to establish that an accident or occupational disease arose out of and in the course of her employment at Laurie Knolls Care Center.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Debra Fowler for a right wrist injury sustained from a slip and fall on metal stairs on October 31, 2005. The claimant was awarded 35 weeks of permanent partial disability benefits totaling $7,124.95, with a minor correction made to the original award.

The Commission affirmed the ALJ's decision denying the employee's claim for benefits against the Second Injury Fund following a left shoulder injury sustained while moving file boxes. The employee failed to prove the presence of an actual and measurable disability prior to the work injury that would constitute a hindrance to employment, which is required to trigger Second Injury Fund liability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Sharon M. Parker for injuries sustained on January 19, 2008, that combined with her preexisting disabilities. A dissenting opinion argued the employee should have been awarded permanent total disability benefits against the Second Injury Fund based on medical and vocational evidence.

The Commission affirmed the Administrative Law Judge's award of permanent total disability compensation to Sandra Roberts for a compensable low back injury sustained on December 21, 2004, when she was struck by a rack while tying electrical boxes. The employee was awarded ongoing medical benefits and temporary total disability compensation already paid, with the Second Injury Fund found to have no liability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Betty L. Craig for a knee injury sustained in a fall from a ladder on October 28, 2009. The award includes unpaid medical expenses of $57,386.24, permanent partial disability compensation of $10,151.28, and temporary disability payments totaling $11,123.82, with 15% permanent disability of the left knee at the 160-week level.

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to Richard Grill for a low back injury sustained while lifting a 55-gallon drum of glue on February 16, 2004. The Second Injury Fund was held liable for permanent total disability compensation with a 35% permanent partial disability rating of the body as a whole referable to the low back.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Georgia Goriola for an alleged attack by a facility resident. The claim was denied because the injury was determined not to arise out of and in the course of employment under Missouri workers' compensation law.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Rita Schroeder Hall for a back injury sustained on February 27, 2004, finding that the employee failed to satisfy statutory notice requirements. A dissenting opinion argued the employer received actual notice of the work-related injury within thirty days and was not prejudiced by the lack of written notice.