Filtered workers' comp decisions

The Commission affirmed the administrative law judge's award of permanent total disability benefits to Linda Beard against the Second Injury Fund following her July 2005 slip and fall injury at a Hy-Vee bakery. The Second Injury Fund's arguments that the employee returned to work and continued overtime were rejected as insufficient to overcome the permanent total disability determination supported by competent and substantial evidence.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Paul Harvey's left knee injury sustained on January 24, 2002, while setting up fixtures at work. The award includes permanent partial disability benefits from the employer and permanent total disability benefits from the Second Injury Fund.

The Commission affirmed the administrative law judge's award of permanent total disability benefits to Howard Moreland for occupational disease caused by exposure to benzene and other chemicals on June 26, 2005. The employee was awarded weekly compensation of $397.45 for life, past medical expenses of $752,021.08, and a 15% penalty based on statutory violations.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Joseph Duever for his work injury on February 19, 2007. The Commission clarified that future medical expenses should cover treatment reasonably required to cure and relieve the effects of the injury, rather than being limited to specific procedures outlined by a particular provider.

The Commission affirmed the administrative law judge's award finding that the employee's August 18, 2005 work accident substantially contributed to his back complaints and resulted in 45% permanent partial disability of the left shoulder. The employee was found to be permanently and totally disabled as a result of his primary injuries combining with preexisting disabilities.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Ben W. Jones for a back injury sustained on March 20, 2004, while emptying a trash container into a dumpster. The Second Injury Fund was ordered to cover all fair, reasonable, and necessary medical expenses and compensation due, as the employer was uninsured at the time of injury.

The Commission affirmed the administrative law judge's award allowing compensation for an occupational disease to the employee's low back arising from repetitive lifting of plywood at a banding machine. The employee was found to be permanently and totally disabled as a result of the primary back injury combining with preexisting disabilities to the knee, shoulder, ankles, and hearing.

The Commission affirmed the administrative law judge's award finding that employee Lantie Wilson sustained a work-related injury to his right ankle when he fell on black ice in the employer's parking lot on December 12, 2008. The employee was awarded 25% permanent partial disability of the right ankle, temporary total disability compensation for 13 and 2/7 weeks, and past medical expenses of $27,011.49.

The Commission affirmed the Administrative Law Judge's award finding the employee permanently and totally disabled as a result of a November 11, 2003 primary injury combined with preexisting disabilities, with the Second Injury Fund held liable for benefits. The Commission rejected the Second Injury Fund's challenge that internet evidence of the employee's work as a pastor since October 2008 demonstrated employability in the open labor market.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Jessica Lee for a back injury sustained while lifting a 75-pound potted plant on June 11, 2008. One dissenting member argued the decision should be reversed based on expert medical testimony supporting causation and the claimant's credibility being irrelevant to the medical causation determination.

The Commission affirmed the ALJ's decision denying workers' compensation benefits for the employee's 2007 right knee and left hip injuries, finding she was not an employee of Harrah's Casino at the time of the alleged injury and was not in the course and scope of employment. The 2002 left knee injury had been previously settled in October 2008, and the Division no longer had jurisdiction over that claim.

The Commission affirmed the Administrative Law Judge's award of workers' compensation for Willie Clark's work-related cervical and lumbar spine injuries, finding 20% permanent partial disability for the primary injury and 15% enhanced permanent partial disability against the Second Injury Fund when combined with preexisting bilateral shoulder disabilities. The Commission rejected the employee's claim for permanent total disability, finding that medical evidence supported the ALJ's conclusions regarding work capacity.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Bill Wengler for an alleged herniated cervical disc caused by repetitive work activities. The court found that the injury did not arise out of and in the course of employment and was therefore not compensable under Missouri workers' compensation law.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Herbert Robbins for an alleged injury to his right lower extremity on June 9, 2008. The employee failed to establish that his work activity was the prevailing factor in causing a prosthetic failure when a hydraulic pump unit snapped while he was carrying an electrical trough, and therefore no compensable accident or occupational disease arose out of his employment.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Charles Pierce's right hip, knee, and ankle injuries sustained from a slip and fall on November 1, 2005 at Dynaquip Controls Corp. The claimant was awarded permanent partial disability benefits and permanent total disability benefits from the Second Injury Fund.

The Commission affirmed the ALJ's amended award finding that the employee's primary injury combined with preexisting disabilities resulted in a 10% permanent partial disability enhancement above the simple arithmetic sum of separate disabilities. The employee's claim against the employer was settled, and the case proceeded against the Second Injury Fund regarding the nature and extent of that liability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for John Day. The Commission found the award supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for David Trimmer's left shoulder injury sustained on September 9, 2003, while lifting heavy batteries at his workplace. The award includes unpaid medical expenses of $3,307.95 and is designated as temporary or partial, with proceedings kept open for final determination.

The Commission affirmed the ALJ's denial of the employee's claim for enhanced permanent partial disability benefits against the Second Injury Fund. The employee failed to provide evidence that his preexisting right shoulder disability combined with the primary injury to result in greater overall disability than would have resulted from the primary injury alone.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Garry Session for a lower back injury sustained on July 21, 2006, while lifting and carrying a heavy cable at Boeing. The claimant was awarded 40 weeks of permanent partial disability compensation totaling $15,062.00 based on 10% permanent disability of the low back.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in this case involving a lumbar spine injury sustained by Robert Jezich on November 19, 2003, when he fell over a pallet of cans. Although the injury was found to be compensable and work-related, no compensation was awarded because the employer had previously settled its liability.

The Commission affirmed the administrative law judge's award of permanent total disability benefits to Texas Martin for a work-related lumbar spine injury, finding he is permanently and totally disabled due to the combination of the last injury and preexisting conditions. The Commission supplemented the award by finding a 9.5% permanent partial disability of the body as a whole referable to the lumbar spine from the primary injury alone, with the Second Injury Fund ordered to pay weekly benefits of $317.74 for life.

The Commission affirmed the Administrative Law Judge's award denying all workers' compensation benefits to Gary Cole for injuries allegedly sustained from a fall off a plant roof on August 2, 1999. Although the fall was determined to be work-related and arose out of employment, no compensation was awarded due to insufficient evidence of compensable injury.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Walter Braggs' left shoulder injury sustained on May 18, 2007, while pulling himself onto a sweeper at work. The claimant was awarded permanent total disability benefits from the Second Injury Fund at a weekly rate of $361.94 for life, with the employer's settlement approved.

The Commission affirmed the administrative law judge's award finding employee Darlene Jamison permanently and totally disabled, clarifying that her disability resulted from the combination of her primary low back injury and preexisting left knee condition rather than the low back injury alone. The Commission found Dr. Volarich's medical opinion more credible than the vocational expert's opinion, emphasizing that the combined physical restrictions rendered the employee unemployable.