Filtered workers' comp decisions

The Labor and Industrial Relations Commission affirmed the Award and Decision of Administrative Law Judge Joseph E. Denigan dated March 5, 2012, finding that the award was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law. The Commission also approved and affirmed the administrative law judge's allowance of attorney's fees as fair and reasonable.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's corrected award of workers' compensation after the Missouri Court of Appeals for the Southern District dismissed the employer's appeal for lack of finality, finding the award incomplete due to a pending motion to commute. Following the employee's withdrawal of the motion to commute on July 3, 2012, the Commission issued a final award affirming the corrected award and allowing compensation.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Sally D. Swartz, who was struck by a client on June 23, 2007, while employed at Nevada Habilitation Center. The Second Injury Fund was held liable for permanent total disability benefits of $238.31 per week beginning June 23, 2012.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's temporary or partial award finding that claimant Manfred Meadows sustained a compensable occupational disease injury to his neck and body as a whole from repetitive lifting at work on March 20, 2008. The award provides for future temporary total or temporary partial disability benefits and future medical care, with proceedings kept open pending a final award.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's temporary or partial award finding that employee Manfred Meadows suffered a compensable work injury to his neck and body while lifting door jambs on July 29, 2009. The award provides for future temporary total or temporary partial disability benefits and future medical care, with proceedings remaining open for a final award.

The Missouri LIRC affirmed the administrative law judge's award granting workers' compensation to Terry L. O'Connor for a left shoulder injury sustained on January 24, 2006, when a parked truck overturned 90 degrees into an excavation. The employee was awarded $6,352.39 in compensation for 7.5% permanent disability to the left shoulder at the 232-week level, plus necessary medical aid of $17,180.

The Commission affirmed the administrative law judge's denial of the employee's workers' compensation claim, finding that the employee failed to establish a compensable accident. The employee's testimony regarding an alleged January 16, 2007 groin injury while picking up an engine head was found to be lacking in credibility due to numerous inconsistencies with medical records and contradicted by witness testimony from supervisors and coworkers.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Linda Thompson for a work-related injury sustained on July 2, 2008, when her shoestring became caught in a bed crank handle while cleaning a patient's room, causing her to fall. The employee was awarded permanent total disability benefits of $191.50 per week beginning February 19, 2012.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Raymond Smuzeski for a work-related injury sustained on July 2, 2009, but reversed the assessment of costs against the employer due to lack of reasonable grounds for such assessment. The decision clarifies that costs may only be assessed against a party defending a case without reasonable grounds, and such discretion must be exercised with great caution.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Jason E. Johnston for a left wrist injury sustained in a fall from a ladder on June 21, 2007. The claim was denied because it was not filed within the required statute of limitations period.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Donald Moss, who developed left wrist carpal tunnel syndrome from 32 years of repetitive tool use. The Second Injury Fund was ordered to pay $27,592.45 for 65.235 weeks of permanent partial disability benefits at 23.6% disability rating.

The Commission affirmed the administrative law judge's finding that the employee is permanently and totally disabled, but clarified that the Second Injury Fund is not liable because the permanent total disability did not result from a combination of the primary injury and preexisting disabilities. The Commission remanded the case to address Second Injury Fund liability for permanent partial disability benefits, which the administrative law judge had failed to resolve.

The Commission affirmed the ALJ's denial of workers' compensation benefits, finding that the employee failed to prove his fall injury arose out of and in the course of employment. The decision established that absent proof of a work-related accident, analysis of idiopathic causes is unnecessary and improper.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to James Hoerschgen, finding that work-related stress was not a substantial factor in his depressive condition and failed to meet the extraordinary stress standard. The Commission determined the employee was not entitled to medical treatment, temporary total disability benefits, or permanent disability benefits, and the Second Injury Fund had no liability.

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 finding the Second Injury Fund liable for 30.04 weeks of permanent partial disability benefits for the employee's bilateral elbow occupational disease injury in combination with preexisting disabling conditions. The Commission rejected the Second Injury Fund's arguments that occupational disease injuries do not qualify as compensable injuries triggering Second Injury Fund liability under Missouri law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for a left knee injury sustained in a January 10, 2008 workplace accident at Modine Manufacturing. The employee, Robert Gregory, tripped on weld wire while checking inventory and twisted his left knee, which aggravated a previous 2007 knee injury that had been surgically repaired.

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 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 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.