Filtered workers' comp decisions

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 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 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 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 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 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 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.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for John King's left knee injury sustained on November 10, 2004 in the course of his employment. The Commission awarded 28.46 weeks of permanent partial disability compensation totaling $8,488.76 from the Second Injury Fund, in addition to the 24 weeks of permanent partial disability previously paid by the employer.

The Commission affirmed the Administrative Law Judge's award granting permanent total disability benefits to employee Bentley Gilbert, with the Second Injury Fund determined to be liable. The case involved a dispute over the weekly compensation rate for permanent total disability benefits, with the parties' stipulated rate of $340.12 upheld despite employee's later challenge.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation to Donald K. Shelton for a right clavicle injury sustained on December 6, 2002, while working as a field maintenance operator. The Commission found the injury compensable with 50% permanent partial disability of the right shoulder, with the claim against the Second Injury Fund being upheld.

The Commission affirmed the administrative law judge's award finding the employee permanently and totally disabled due to a combination of the work-related herniated disc injury and preexisting conditions. The Commission rejected the Second Injury Fund's argument that expert testimony should be excluded merely because experts declined to answer hypothetical questions about disability from the work injury alone.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to employee Jimmie Stanford for a right shoulder injury sustained on September 1, 2006, while operating a chainsaw. The award includes permanent partial disability compensation of 45% of the right shoulder, temporary total disability benefits, and unpaid medical bills, totaling $78,350.81.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to elementary school teacher Cheryl Whitfield for a left wrist injury and psychiatric condition sustained when a student smashed her hand into a table on December 10, 2007. The claimant was awarded 5% permanent partial disability for the left wrist and 35% for body as a whole psychiatric injury.

The Commission affirmed the administrative law judge's denial of Second Injury Fund liability for an employee's left shoulder injury sustained on June 13, 2007, finding the employee failed to meet threshold requirements under Missouri law. The employee had a pre-existing left shoulder disability from a prior 2004 work injury and sustained only an additional 10% disability from the 2007 injury.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying compensation in this workers' compensation case, despite finding the injury (abdominal hernia) to be compensable and work-related. The case was settled, resulting in no benefits being awarded to the claimant.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Paul Guinnip and finding that Steve Liles and Melissa Liles are personally liable for all awarded benefits based on piercing the corporate veil of Bannister Electrical and HVAC, LLC. The decision upheld the administrative law judge's determinations after reviewing Steve Liles's Application for Review challenging the piercing of the corporate veil.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to William Tordt for a permanent total disability resulting from a fall on ice in the employer's sales lot on January 22, 2008. The employer and insurer are liable for permanent total disability payments of $472.56 per week beginning August 1, 2009, for the remainder of the claimant's lifetime.