Filtered workers' comp decisions

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding the Second Injury Fund liable for permanent total disability benefits for William Reed. The employee suffered multiple permanent partial disabilities from a November 2003 primary injury combined with preexisting disabling conditions of the bilateral wrists and low back.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Raymond Nichols for a shoulder injury sustained on May 29, 2009, while shifting gears in his truck. The claimant was awarded 5% permanent partial disability to the right shoulder, totaling $4,330.63 in compensation.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for Roger Patton's work-related left arm injury sustained while unloading timbers from a delivery truck on April 4, 2005, which resulted in a bicep tendon rupture. The award granted 30% permanent partial disability of the left arm at the elbow level, though a dissenting opinion argued for a finding of permanent total disability based on the severity and ongoing debilitating nature of the injury.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Vernon Jordon's work-related back injury sustained in a fall from his truck on April 2, 2002. The Commission found the award was supported by competent and substantial evidence and made in accordance with Missouri Workers' Compensation Law.

The Missouri LIRC affirmed the ALJ's award finding the employee permanently and totally disabled when considering the combined effects of a work injury and preexisting cardiac condition, but only partially disabled when excluding the cardiac worsening. The decision clarified credibility determinations regarding medical testimony about permanent total disability and remanded issues of non-medical factors in the denial of total permanent disability benefits.

The Commission affirmed the administrative law judge's award denying compensation, finding that the employee failed to prove he sustained an accident or occupational disease arising out of and in the course of his employment. The employee's claim for a 2005 left shoulder injury was rejected despite testimony from the employee and his physician regarding work-related aggravation.

The Missouri LIRC affirmed the administrative law judge's award allowing workers' compensation benefits for Eric R. Buhlinger's multiple injuries sustained in a primary work incident, including cervical spine injuries (27.5%), concussion (5%), right elbow injury (5%), and consideration of pre-existing left ankle disability (17.5%). The Commission rejected the Second Injury Fund's argument that disabilities failing to individually meet statutory thresholds should be excluded from Second Injury Fund liability calculations, holding that all disabilities must be considered once Second Injury Fund involvement is established.

The Commission affirmed the ALJ's temporary award allowing workers' compensation for an employee who developed transverse myelitis following a flu vaccine administered at work. The Commission found that while the inoculation itself was not unexpected, the resulting adverse reaction constituted an accident arising out of and in the course of employment, and proper notice was given to the employer.

The Commission affirmed the administrative law judge's decision denying Second Injury Fund compensation because the employee's preexisting right ankle condition (7.5% permanent partial disability) did not meet the 15% threshold required for major extremity injuries under Missouri law. The employee's January 2008 primary injury combined with the preexisting ankle condition did not entitle him to enhanced permanent partial disability benefits from the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award regarding liability in this workers' compensation case involving a left hip fracture. The employee claimed a coworker opened a door causing her to fall, but witness testimony and the employee's own statements to coworkers contradicted this account, creating significant questions about whether the injury arose out of and in the course of employment.

The Commission affirmed the administrative law judge's award of 56.6 weeks of permanent partial disability benefits to Dorothy Turner, with the Second Injury Fund found liable. The Commission rejected the Second Injury Fund's argument that preexisting conditions must individually meet statutory thresholds, clarifying that the Second Injury Fund's purpose is to compensate disability resulting from the combination of a work injury with preexisting disabilities.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Patrick P. Fitzgerald for injuries sustained on July 31, 2007, when he tripped and fell onto a plate burner machine. Although the employee suffered compensable work injuries to his left elbow, left shoulder, and neck, combined with a preexisting low back disability from 1989, the majority found no basis for compensation from the Second Injury Fund.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Norman L. Berra for occupational disease injuries to both wrists and left elbow sustained through repeated use of hand and power tools in his employment at Berra Construction, LLC. The employee was awarded permanent partial disability compensation totaling $21,234.40 plus temporary disability benefits and medical expenses.

The Commission affirmed the administrative law judge's award allowing compensation for an occupational pulmonary disease with a June 1, 2004 date of injury, finding workplace exposures were a substantial factor in the employee's condition. The employee was awarded 12.5% permanent partial disability, future medical care benefits of $4,559.83, and the Second Injury Fund was found liable for 24.03 weeks of permanent partial disability benefits.

The Commission affirmed the administrative law judge's award allowing workers' compensation for Dennis McBee's right shoulder injury sustained on May 22, 2009, finding that actual notice to the employer through the supervisor satisfied the notice requirements despite lack of formal written notice. The employer was not prejudiced by the failure to provide statutory written notice within 30 days, as it received timely actual notice and was able to investigate and arrange medical treatment.

The Commission affirmed the Administrative Law Judge's award of temporary total disability benefits for employee Dawn Woods following a compensable workplace injury on July 1, 2010. The award provides $19,626.82 in temporary disability compensation from August 20, 2010 through July 7, 2011, with ongoing benefits subject to modification pending a final award.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that Leonard Fry's occupational asthma, contracted while painting bridges and exposed to toxic chemicals on November 9, 2009, was a compensable occupational disease. The award is temporary or partial, with benefits including temporary disability compensation of $22,646.84 and medical aid of $5,019.57, subject to further proceedings for final determination of permanent disability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Larry Underwood for a low back injury sustained on November 28, 2005, when he fell from a ladder while installing a radiator in a cement truck. The Commission determined the injury was compensable under Missouri workers' compensation law and awarded permanent total disability benefits of $554.81 per week.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Dean Vermillion for a fall injury sustained on August 2, 2007. The claimant was awarded permanent partial disability benefits of 17.5% and permanent total disability benefits payable by the Second Injury Fund for his lifetime.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Ronald Thompson for injuries sustained in a rear-end collision while making deliveries. The claimant failed to meet his burden of proof that the accident arose out of and in the course of employment, and no compensation was awarded.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Michael Starks for a left ankle injury sustained on May 2, 2008, while exiting a forklift at work. The employee was awarded permanent partial disability compensation of $14,580.92 from the employer, with the Second Injury Fund also found liable for additional benefits.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Alma Holzer for a left elbow injury sustained on June 30, 2006, when she was struck by a door at work. Benefits include permanent partial disability compensation previously paid by the employer/insurer and permanent total disability benefits from the Second Injury Fund due to the combination of the primary injury and pre-existing disabilities.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Patricia Payne for a work-related injury sustained on July 7, 1998, when she slipped and fell, striking her head, neck, and shoulder. The claimant was awarded compensation for 15% permanent disability to the body as a whole.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Carl Douthit for a right upper extremity injury sustained on May 20, 2009, when he tripped over metal while carrying a door. The injury was found to be compensable and to have arisen out of and in the course of his employment with Bi-State Development Agency.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Thomas Greco's cervical spine injury sustained on November 26, 2004 while unloading a pallet jack. The award included permanent total disability benefits from the Second Injury Fund with ongoing lifetime compensation of $675.90 weekly following an initial 120-week period.