Filtered Decisions

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Keith Madison for an injury that occurred on January 31, 2002, in St. Louis City while driving to purchase equipment and supplies. The injury was found to be compensable under Missouri's Workers' Compensation Act and arose out of and in the course of employment.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Robert McDonough's occupational injury sustained in a fall on February 2, 1999. The employee was awarded 32.5% permanent partial disability benefits totaling $3,536.76 from the Second Injury Fund, with additional compensation previously paid for temporary disability and medical aid.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Sandra Forbeck for carpal tunnel syndrome. The employee failed to sustain her burden of proof that her right hand carpal tunnel syndrome symptoms were caused by her work activities as a cashier.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Keith Hellmann for a low back injury sustained on January 13, 2000, when he was struck by a co-worker's car while walking to his car after his shift. The claimant was awarded compensation for temporary total disability and permanent partial disability (10% body as a whole) totaling $15,893.61.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation to Elizabeth Caccia-Nelson for a low back and hip injury sustained on February 11, 2000, while lifting a cauldron of icing at Dierberg's Markets. The claimant was awarded 20 weeks of permanent partial disability compensation totaling $5,401.60 for 5% permanent partial disability.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits, finding that the employee's claim for an occupational disease injury alleged on January 4, 1994, was barred by the statute of limitations. The statute of limitations for occupational disease claims does not begin to run until the disease becomes reasonably discoverable and apparent as a compensable injury, and the Commission determined this threshold had not been satisfied before the claim was filed.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that the employee's job duties were a substantial contributing factor to her development of bilateral carpal tunnel syndrome. The case was issued as a temporary or partial award with proceedings kept open for further consideration of final compensation.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Terry Dyer for an alleged injury on April 1, 2002. The Commission found that the injury did not arise out of and in the course of employment, rendering it non-compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to James Bubash for a knee injury sustained on April 21, 2003, while jumping off a belt loader at American Airlines in St. Louis City. The claimant was awarded 52.8 weeks of permanent partial disability compensation totaling $18,324.24, representing 33% permanent partial disability referable to the right knee.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Edmond McNack, finding he failed to prove medical causation that HAART medications caused sarcoidosis. The Commission found Dr. Wasfi's testimony more credible than Dr. Friedlander's opinion, determining the latter's causal link was based on speculation rather than biological plausibility.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for Charles Kuykendall's occupational disease involving repetitive motion injuries to both upper extremities sustained on March 10, 2000. The employee was awarded permanent partial disability compensation totaling $48,824.40 for injuries to the shoulder, wrist, and multiplicity, plus disfigurement benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Cheryl Whaley, finding that the alleged injury did not arise out of and in the course of employment. No compensation was awarded in this case.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Eddie Stegall for injuries sustained when he was struck by a tornado while driving a truck on May 8, 2003 in Oklahoma City. The employee was awarded compensation for sternum and rib injuries with 20% permanent partial disability to the body as a whole, along with medical expenses and temporary disability benefits.

The Missouri LIRC affirmed the administrative law judge's award of workers' compensation benefits to Jerry W. Barnette for a right ankle injury with permanent total disability sustained on June 26, 2001, while working for Sachs Electric Company. The Commission found the injury compensable under Missouri law, with benefits including temporary disability payments, medical expenses, and ongoing compensation at the rate of $599.96 per week.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Cherie Knapp for an alleged injury on October 31, 2003. The Commission found that the alleged injury did not arise out of and in the course of employment and therefore was not compensable under Missouri law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that the claimant's low back injury was a compensable occupational disease arising from repetitive lifting, pulling, and pushing of heavy items over 11 years of employment. The employer and insurer are ordered to provide medical treatment for the claimant's back pain and any temporary benefits that become due, with a weekly compensation rate of $426.67 for temporary total disability.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Emmanuel Caldwell for an alleged low back injury sustained while lifting during refrigerator assembly on March 13, 2002. Although the injury arose out of and in the course of employment, the award of no compensation was supported by competent and substantial evidence under the Missouri Workers' Compensation Act.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Michael Pursifull for two accidents occurring in September 2003. The employee failed to establish compliance with notice requirements under Missouri law and failed to prove a causal connection between the accidents and claimed injuries.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Bob D. Burnett for a work-related injury sustained on March 15, 2002, in St. Charles County, Missouri. One commissioner dissented, arguing the award should be modified to include compensation for a disc injury that the majority found lacked sufficient causal connection to the workplace accident.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to James Matthews, a municipal building inspector who suffered cervical and lumbar strain and head contusion when his stool broke on September 27, 2002. The employee was awarded 10% permanent disability to the body as a whole referable to the neck and low back, with benefits paid by the employer and Second Injury Fund.

The LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Arthur Liberty, finding that his alleged low back injury from repetitive job duties as a maintenance worker did not arise out of and in the course of his employment. No compensation was awarded in the case.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Harold Sartin for an occupationally induced respiratory condition (COPD), awarding 7.5% permanent partial disability. A dissenting commissioner argued the award should be modified to increase permanent partial disability to at least 10% based on unimpeached medical expert testimony.

The Labor and Industrial Relations Commission affirmed its temporary award finding the Second Injury Fund liable for medical expenses related to the employee's work-related injury from September 18, 1993. The Commission determined that sufficient factual basis existed to award compensation for medical bills when the employee testified the visits and treatments were products of the work-related accident and submitted supporting medical records.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Roger Alford, finding that his alleged occupational disease of the back and knees did not arise out of and in the course of his employment. No benefits were awarded, and the case remains open for potential future proceedings.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Mary Ann Rosenketter for a work-related slip and fall injury on September 15, 1995, resulting in right ankle and knee injuries. The award granted 12% permanent partial disability compensation for the right ankle totaling $4,785.59, with past medical expenses of $2,752.37 already paid.