Filtered workers' comp decisions

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Jeffrey Hampton for a back injury sustained on February 10, 2005, when a patio door was dropped while he was lifting it with a coworker. The employee was awarded 10% permanent disability with compensation for temporary total disability and permanent partial disability benefits.

The LIRC affirmed the administrative law judge's award of workers' compensation benefits to Robert Groves, a ramp service agent who sustained a compensable occupational disease injury to his low back from heavy, repetitive lifting in awkward positions. The claimant was awarded permanent total disability benefits, past medical expenses of $21,576.03, and 266 1/7 weeks of temporary total disability compensation totaling $88,292.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Judy Drago for injuries to her right and left knees sustained in a motor vehicle accident while leaving work on January 18, 2007. The award includes unpaid medical expenses, temporary total disability benefits, permanent partial disability compensation, and Second Injury Fund liability totaling $156,194.82.

The Commission affirmed the administrative law judge's award allowing workers' compensation for an employee who broke his arm while pursuing an intruder who had stolen his personal property from the employer's office. The court found that the injury arose out of and in the course of employment because the emergency situation and the risk of encountering it were directly related to the employee's work, and his response was reasonable in scope and duration.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Nelson Gibler for a work-related injury on May 22, 2000, while addressing Second Injury Fund liability issues. The decision determined that while the employee had preexisting low back pain and depression, these conditions did not constitute disability sufficient to trigger Second Injury Fund liability for enhanced benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of temporary workers' compensation to Maria White, finding her injuries compensable despite the employer's argument based on § 287.020.5. The decision addresses statutory construction issues regarding commuting employees and the extension of premises doctrine under Missouri workers' compensation law.

The Commission affirmed the amended award of the administrative law judge, rejecting the employee's argument that the employer waived its right to direct medical treatment under Missouri law. The decision clarifies that a temporary treatment gap does not constitute a waiver of the employer's statutory right to select healthcare providers, and employees who choose their own doctors without employer authorization bear their own costs unless the employer fails to provide necessary treatment.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Stanley Chubb's lumbar spine injury sustained in a work accident on August 7, 2003. The Commission found the administrative law judge's decision was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

The Missouri LIRC affirmed the ALJ's award of permanent total disability benefits to the deceased employee's three minor children as dependents. The Commission found that the definition of 'dependent' under § 287.240 RSMo properly applies to determine eligibility for death benefits, rejecting the Second Injury Fund's argument that the statutory definition was inapplicable.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that claimant Monika Chrismer's bursitis/tendonitis in her right upper extremity, caused by manipulating a bus door on December 1, 2009, was a compensable occupational disease. The award is temporary or partial, with proceedings kept open for further determination of future medical expenses and Second Injury Fund liability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Ann Shinkle for bilateral carpal tunnel syndrome and right lateral epicondylitis caused by repetitive motion work as a housekeeper. The award is temporary or partial and the case remains open for further proceedings and final determination.

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to Mary Grayson against the Second Injury Fund, finding that her hand and wrist injuries resulted from repetitive job duties. The employee developed pain and numbness in both hands requiring multiple finger and thumb release surgeries, and the medical evidence established the work-related injury as a substantial contributing factor to her permanent total disability.

The Missouri LIRC affirmed the administrative law judge's award denying workers' compensation to Bert Kersey, an auto mechanic who suffered hearing loss and tinnitus after a loud noise was amplified through a mechanic's stethoscope on July 11, 2007. One commission member dissented, arguing the employee should receive future medical care and permanent partial disability benefits.

The Commission affirmed the administrative law judge's award of 30% permanent partial disability for a right shoulder rotator cuff injury sustained when the employee threw a trash bag into a dumpster on April 13, 2009. The Commission substituted its own findings on the accident/occupational disease classification and medical causation issues while upholding the overall compensation award and Second Injury Fund liability determination.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Mark Winningham for a right knee injury sustained on August 18, 2005, while installing drainpipe at the Missouri Department of Transportation. The employee was awarded 32 weeks of permanent partial disability compensation at 20 percent along with future medical benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Alvin Hellmann for a neck and right shoulder injury sustained on September 30, 2008, while working with pallets at Prairie Farms Dairy. The employee settled his claim for 160.6 weeks of permanent partial disability, with the commission correcting an error in the original award documentation.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Aaron Povilat for injuries sustained on April 25, 2007, while attempting to prevent a shoplifter from driving away. Although the injury was found to be compensable and work-related, the claim was denied because it was not filed within the time required by law.

The Commission affirmed the ALJ's denial of workers' compensation benefits for a claimed rotator cuff injury, finding no accident occurred and that medical evidence failed to establish the work incident as the prevailing factor in causing the injury. The employee's claim for temporary total disability benefits was also denied.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Danny E. Bell's left thumb/hand injury sustained on May 30, 2006, when his hand was caught in a machine he was operating. The injury was determined to be compensable with permanent total disability status.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Jerry Dillon for an alleged injury sustained while lifting a door. No benefits were awarded as the injury was determined not to be compensable under Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying the employee's workers' compensation claim, finding she failed to meet her burden of proof for permanent partial disability. A dissenting opinion argued that competent evidence established the employee sustained permanent partial disability from a July 25, 2005 work injury involving a left hamstring muscle strain.

The Commission affirmed the administrative law judge's award of workers' compensation to employee Shawna Prope for injuries sustained in a fall from a ladder on September 24, 2008, which resulted in permanent partial disability to her right knee and back. The claimant was awarded 82 weeks of compensation at $213.33 per week ($17,493.06 total) along with previously paid medical expenses and temporary disability benefits.

The Commission affirmed the ALJ's award of permanent partial disability benefits for an employee who suffered a crush injury to his right index finger on February 11, 2004, resulting in eventual amputation of the distal phalanx. The employee was awarded 110% permanent partial disability at the distal phalanx level, 2.5% at the wrist level, and 4 weeks for disfigurement, which the Commission found supported by competent and substantial evidence.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's corrected award granting workers' compensation benefits to Todd Grauberger for a back injury sustained while moving furniture on November 19, 2001. The injury was found to be compensable, and the employee was awarded permanent total disability benefits with temporary disability compensation of $44,294.52 paid to date.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Jacob Hahne's left knee injury sustained on February 13, 2004, while working for the employer. The Commission substituted its own analysis on the issue of medical causation while affirming the overall award, rejecting the employee's arguments that the administrative law judge's medical causation findings were in error.