Filtered Decisions

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Stephanie Meyer-Linquist, who developed right carpal tunnel syndrome and other injuries from repetitive keyboard work as a legal assistant. The employee was found to have a compensable occupational disease arising out of and in the course of her employment, with benefits awarded for temporary disability, medical expenses, and permanent partial disability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that the claimant's occupational disease affecting her left hand and thumb, sustained while inspecting and trimming shoe soles, was compensable under Missouri workers' compensation law. The award is temporary or partial in nature with future medical treatment ordered and proceedings kept open for final determination.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding that Ann K. Chepely's left shoulder injury sustained on September 30, 2007, while working on a factory line at Meramec Group, Inc. was compensable under Missouri workers' compensation law. The award is temporary or partial, with future medical benefits awarded and proceedings kept open for final determination.

The Commission affirmed the administrative law judge's decision awarding no compensation in this workers' compensation case. Although the employee's right shoulder injury from lifting a vacuum cleaner was deemed compensable and the employee settled for 36.40 percent permanent partial disability, no additional benefits were awarded by the Commission.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for David Frost's low back injury sustained on February 4, 2006, when his vehicle was struck while test driving in the course of employment. The primary injury was settled for 12.5% body as a whole for low back and 2.5% for psychiatric injury, with the Second Injury Fund liable for 61.34 weeks of permanent partial disability totaling $22,394.00.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for John Dreiman's motor vehicle accident injury occurring on July 6, 2005, involving cervical spine and bilateral wrist injuries. The decision approved permanent partial disability benefits (30% PPD for cervical spine, 15% PPD for each wrist) and permanent total disability benefits from the Second Injury Fund due to the combination of the primary injury with preexisting conditions.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Danny Coleman's work-related injury to his cervical and lumbar spine sustained on June 6, 2003, when he slipped while carrying a heavy saw blade at Drake Corporation. The Commission found the injury compensable under Missouri Workers' Compensation Act with temporary total disability payments and necessary medical aid provided by the insurer.

The Commission affirmed the administrative law judge's denial of the employee's occupational disease claim, finding he failed to meet his burden of proof that his back problems arose from his firefighting career. Although the employee argued the proper standard was 'reasonable medical probability,' the Commission agreed with the ALJ that the evidence supported a finding that the back problems resulted from a pre-existing degenerative condition rather than being substantially caused by employment.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to James Andrews for a work-related injury sustained on March 11, 2004, when he fell into a fish pond while fighting a fire. The employee was awarded 12-1/2% permanent partial disability compensation totaling $29,221.61, with the employer and Second Injury Fund sharing liability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to employee Roger Richter, finding the award was supported by competent and substantial evidence and made in accordance with Missouri Workers' Compensation Act. The Commission also approved the administrative law judge's allowance of attorney's fees as fair and reasonable.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Richard M. Moeller for work-related carpal tunnel syndrome of the left wrist. A concurring dissent argued the employee should receive 25% permanent partial disability benefits rather than the 17.5% awarded by the administrative law judge.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for William Bostic's left inguinal hernia injury sustained while removing a case of toaster strudel from a freezer shelf on December 15, 2005. One dissenting member argued the injury was not sufficiently proven to arise out of and in the course of employment under Missouri law.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to David Taylor, who suffered injuries from a motor vehicle accident caused by a coughing episode while operating his vehicle. The Court found the coughing episode was idiopathic in nature, stemming from the employee's pre-existing condition rather than arising from his work environment, and therefore not compensable under Missouri law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's temporary partial award finding the employee's low back injury compensable under Missouri workers' compensation law. The injury occurred on August 6, 2007 when the claimant was moving a heavy steel trash container, and the Commission awarded unpaid medical expenses and past temporary total disability benefits totaling $51,674.21 with future benefits to be determined.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Stephen Petelik for injuries sustained on August 19, 2003, when he fell while lifting a control panel that landed on his left arm and back. The employee was awarded permanent total disability benefits, unpaid medical expenses of $272,341.64, and temporary disability compensation totaling $185,503.60.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Floyd Butler for an alleged accident or occupational disease occurring on December 28, 2006. The Commission found that the employee was not in the employ of the employer at the time of the alleged accident, rendering the claim non-compensable under the Missouri Workers' Compensation Act.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Jeff Lewis, finding that his alleged injury from being struck by a material cart on April 9, 2002 did not arise out of and in the course of his employment. No compensation was awarded and the claim was found non-compensable under Missouri workers' compensation law.

The Commission affirmed the Administrative Law Judge's award finding the employee's injury compensable as an accident occurring on August 14, 2002, when struck by a motorized hoe bucket while working in a trench. The employer and insurer were found liable for 2% permanent partial disability of the body as a whole, referable to the chest wall, equaling 8 weeks of compensation at $340.12 per week.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits for occupational disease, finding that the employee failed to prove her work duties were the prevailing factor causing bilateral carpal tunnel syndrome and left cubital tunnel syndrome. The evidence showed that the employer's work did not expose the claimant to hazards causing these conditions.

The Missouri LIRC affirmed the administrative law judge's award and decision dated October 29, 2008, finding it supported by competent and substantial evidence and in accordance with the Workers' Compensation Act. The Commission also approved the administrative law judge's allowance of attorney's fees as fair and reasonable.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in this case, despite finding the injury to the lumbar spine compensable under Chapter 287. The employer and insurer had previously settled their liability, resulting in no compensation being awarded to the claimant.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Zemir Harbas for a work-related injury sustained on November 21, 2004. The decision rejected vocational expert opinions that were based on medical opinions found not credible, finding instead that the employee sustained no permanent partial disability to his legs or body as a result of the workplace accident.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Sally Barbrow for an alleged occupational disease injury from aluminum dust exposure. The award found that the employee failed to establish a compensable injury or occupational disease arising out of and in the course of employment.

The Commission affirmed the administrative law judge's award denying compensation benefits in this workers' compensation case, despite finding the injury to the cervical and lumbar spine compensable and arising out of employment. The employer and insurer had previously settled their liability in the case, resulting in no additional compensation being awarded.

The Commission affirmed the administrative law judge's award, finding it supported by competent and substantial evidence and in accordance with the Missouri Workers' Compensation Act. The employee's request for remand to consider an occupational disease claim based on repetitive motion was denied because the parties did not stipulate to that issue during the hearing, and the ALJ would have exceeded his authority by considering it.