Filtered Decisions

The Commission affirmed the Administrative Law Judge's decision denying the employee's claim for past temporary total disability benefits from February 4 to March 25, 2004, despite finding the ALJ's reasoning required supplementation. The employee's shoulder and neck injury claim was supported by medical evidence, but the denial of TTD benefits was upheld as the employer's refusal to allow return to work was not deemed grounds for compensation during the disputed period.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award granting permanent total disability benefits to truck driver Victor Richardson for injuries sustained in a motor vehicle accident on September 28, 2005. The employee is entitled to weekly permanent total disability benefits of $696.97 for the remainder of his life, plus ongoing necessary medical treatment related to the accident.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Violet Lawrence for a low back injury sustained on March 27, 2008, while employed at Modine Manufacturing in Camdenton, Missouri. The claimant was awarded medical expenses, temporary disability, and permanent partial disability compensation totaling $157,322.71 plus future medical requirements.

The Commission affirmed the Administrative Law Judge's award of 12.5% permanent partial disability for a lumbar spine injury, finding the ALJ properly considered the evidence and did not substitute his own opinion for expert testimony. The employee's claim for permanent total disability benefits against the Second Injury Fund was denied because she failed to prove her inability to compete in the open labor market was solely due to the primary injury combined with preexisting disabilities, as the vocational expert's opinion improperly considered subsequent injuries occurring after the primary injury date.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Steven Polkinghorne for a back injury sustained on March 1, 2007, while working on a retention pond. The majority found the ALJ's award supported by competent evidence, though a dissenting opinion argued the work activities were the prevailing factor in causing the employee's lumbar disc herniations.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits, finding that the employee failed to prove he sustained a compensable primary injury. The employee's claim was rejected because he could not identify a specific traumatic event or unusual strain with objective symptoms, only a gradual worsening of his overall physical condition.

The Commission affirmed the administrative law judge's denial of the employee's claims for permanent total disability and permanent partial disability benefits from the Second Injury Fund. The Commission found the employee was not permanently and totally disabled based on credible vocational evidence showing available jobs within his physical restrictions, and determined the Second Injury Fund was not liable for benefits.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for Stephen Smith, a deceased lab technician and phlebotomist who worked with blood and bodily fluids from 1969 to 2006. The claim was denied on the finding that the employee did not sustain an accident or occupational disease arising out of and in the course of his employment.

The Commission affirmed the administrative law judge's award denying the employee's claim for total knee replacement expenses, finding that the work injury did not reasonably require the replacement as the need flowed from pre-existing arthritic changes rather than the workplace injury. While correcting the administrative law judge's misapplication of legal standards, the Commission reached the same conclusion that the total knee replacement was not reasonably required to cure and relieve from the effects of the work injury.

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to Francisco Gomez for an upper back injury sustained on January 1, 1998, while working as a machine operator at Output Technologies. Although the injury was found to be compensable and work-related, no compensation was awarded.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Everett Mitchell for an alleged lifting incident on March 13, 2008. The decision found no medical causal relationship between the lifting incident and the employee's spinal condition, with the orthopedic surgeon's opinion that the incident was not the prevailing factor in causing the current spine condition.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Francisco Gomez for a low back injury sustained on August 25, 1998, while removing a motor as a machine operator. The award includes 100 weeks of permanent partial disability compensation at $294.73 per week, totaling $29,473, plus previously paid temporary disability benefits of $21,318.21.

The Missouri LIRC affirmed the administrative law judge's award of workers' compensation benefits to Robert L. Treadway for a work-related injury sustained on May 8, 2008, while also approving the attorney's fee as fair and reasonable. The case involved analysis of Second Injury Fund liability in relation to the employee's preexisting disabilities.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award on a medical fee dispute between St. Luke's Hospital and Jayhawk Fire Sprinkler Company. The employer/insurer failed to appear at the evidentiary hearing and did not submit required briefing documents, resulting in an award adverse to them that was upheld on appeal.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for Jeffrey Geitz's claimed rectal injury allegedly resulting from lifting a trashcan. The Commission found no medical causal relationship between the lifting incident and the employee's prolapsed or thrombosed hemorrhoids, relying on the credible opinion of a board-certified colorectal surgeon.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for John Anderson III's occupational disease involving repetitive use injuries to both wrists sustained on December 1, 2008. The Second Injury Fund was found liable for 17.625 weeks of permanent partial disability benefits totaling $6,856.83.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to the dependents of Mauro Brito-Pacheco, who was fatally shot at Tina's Hair Salon on August 10, 2009. The commission found that the employee was an independent contractor rather than a statutory employee, and therefore not entitled to death benefits under Missouri workers' compensation law.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Lynda R. Edwards for a work injury that combined with her preexisting disability, resulting in greater overall disability. The Second Injury Fund was ordered to pay permanent partial disability benefits of $13,534.95 based on a synergistic effect calculation combining 25% preexisting disability with 40% work-related disability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Gloria G. Stiers' bilateral overuse syndrome, a repetitive motion injury qualifying as a compensable occupational disease. The Commission rejected the Second Injury Fund's argument that repetitive motion injuries cannot trigger Second Injury Fund liability under Missouri law.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Neva Vance for a low back injury sustained while moving a patient on November 4, 2004, despite finding the injury was compensable under Missouri law. Although the injury arose out of and in the course of employment and met all procedural requirements, no permanent disability was found to warrant compensation.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Kathleen Peters' right shoulder repetitive motion injury. The Commission rejected the Second Injury Fund's argument that repetitive motion injuries cannot qualify as compensable injuries for purposes of triggering Second Injury Fund liability.

The Commission affirmed the administrative law judge's award of workers' compensation to Kelly Kirkpatrick for cubital tunnel syndrome, finding it qualifies as a compensable occupational disease injury. The Second Injury Fund's argument that occupational diseases cannot trigger Second Injury Fund liability under Missouri law was rejected as inconsistent with the complete statutory definition of injury.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Michelle Kitson's right wrist occupational disease injury. The Commission rejected the Second Injury Fund's argument that occupational diseases do not qualify as compensable injuries under Missouri law, finding that the statutory definition of 'injury' includes occupational diseases.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Albert Newhouse's carpal tunnel syndrome, a repetitive motion injury. The Commission rejected the Second Injury Fund's argument that occupational diseases cannot trigger Second Injury Fund liability under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Ronald Armstrong for his alleged right shoulder injury. The Commission found that Armstrong failed to prove he sustained a compensable accident or that any accident was the prevailing factor in causing his shoulder problems.