Filtered workers' comp decisions

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 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 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 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 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 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 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 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 allowing workers' compensation benefits for Jeffrey Farny's occupational disease involving repetitive hand tasks that caused injury to both wrists. The Second Injury Fund was found liable for permanent partial disability compensation of $18,929.99 for 46.78 weeks.

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 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 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.

The Commission affirmed the administrative law judge's denial of workers' compensation benefits for an employee who claimed a work-related stroke caused by occupational stress. The court found that the employee failed to prove work was a substantial factor in causing the stroke and that § 287.120.8 RSMo did not apply because the claim involved a physical injury (stroke) rather than a mental injury.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Nekesha Evans for alleged right hand carpal tunnel syndrome. The Commission found that the alleged occupational disease did not arise out of and in the course of employment, rendering it non-compensable under Missouri law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Michael Heisler for occupational diseases (right carpal tunnel and bilateral cubital tunnel syndrome) developed through repetitive work duties. The employee was awarded permanent partial disability benefits totaling 92 weeks, along with temporary disability compensation and medical aid previously paid by the employer.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Ray Taylor for a left eye injury sustained on November 3, 2006, when he was struck by a piece of wood while using a sledge hammer. The employee was awarded $8,959.86 for permanent partial disability (30% of left eye) plus indeterminate ongoing medical benefits.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Bonnie Tinker's right carpal tunnel syndrome, which developed from repetitive use of vibratory and pneumatic tools at Hussmann Corporation. The award included permanent partial disability benefits, temporary disability compensation, medical aid, and permanent total disability benefits from the Second Injury Fund.

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits for an employee who slipped and fell, injuring his lower back on December 28, 2007. The Second Injury Fund was found liable for permanent total disability compensation with an average weekly wage of $3,000.00.

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.