Filtered workers' comp decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying compensation to Steven Penrod for a right elbow injury, finding the evidence supported the denial. A dissenting opinion argued that Dr. Shuter's opinion regarding the extent of the employee's right elbow disability and permanent partial disability should have been credited based on his physical examination and objective functional limitations.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to John Banaszek for a left upper extremity injury sustained on July 3, 2006, while slipping in oil and falling while moving concrete forms. The employee was awarded permanent partial disability benefits (60% left shoulder, 25% left elbow, 5% body as whole) and permanent total disability benefits from the Second Injury Fund.

The LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits for the death of employee Melinda Penachio, finding that her death from a car accident on December 20, 2007, did not arise out of and in the course of her employment. No compensation was awarded to the surviving spouse and dependent daughters.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for a lumbar spine injury sustained on October 3, 2001, finding the employee proved medical causation and is permanently and totally disabled due to the combination of his primary injury and preexisting conditions. The Second Injury Fund was held liable for permanent total disability benefits, with the employee awarded 35% permanent partial disability of the body as a whole referable to his lumbar spine.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Thomas Middleton for a work-related back injury involving degenerative disc disease. The majority found no entitlement to permanent total disability benefits from the Second Injury Fund, though a dissenting opinion argued the decision was erroneous and should have been reversed.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Robin Johnson's motor vehicle accident injury sustained while driving between work locations on May 23, 2008. The employee was determined to have permanent total disability with unpaid medical expenses of $154,480.27 and a weekly compensation rate of $220.00.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for Douglas Miniex, who sustained a work-related lumbar strain with disc protrusions when a truck cab he was riding in slammed back onto the pavement after crossing a collapsed section of street. The employee was found to have permanent partial disability and was permanently restricted from pushing, pulling, squatting, and lifting over 20 pounds, ultimately leading to his discharge by the employer.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to George Moore for a work-related lumbar spine injury that occurred on August 12, 2000. A dissenting opinion argued the employee should have been awarded permanent total disability benefits against the Second Injury Fund based on medical evidence that the primary injury combined with preexisting disabilities rendered him permanently and totally disabled.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Gary R. Pace for a right knee injury sustained on December 9, 2002, when his foot lodged in a hole and he twisted and fell while working. The claimant was found to have permanent total disability resulting from the accident and occupational disease including complex regional pain syndrome and depression.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to employee Travis L. Lynn for a knee injury sustained while servicing underground transformers for Boone Electric Cooperative. The Commission found that the injury arose out of and in the course of employment because kneeling in a squatted position and reaching behind oneself were integral duties of the employee's job, establishing a clear nexus between the work activity and the injury.

The Commission affirmed the Administrative Law Judge's award denying compensation for a November 2, 2004 workplace injury to Gary R. Pace's right lower extremity and low back. The injury was found to be compensable under Missouri law and properly noticed, but no benefits were awarded in this particular injury number.

The Commission affirmed the Administrative Law Judge's award denying compensation for injury number 04-130561, finding no permanent disability warranted benefits in this case. The employee's claim for the December 10, 2004 incident involving a fall down stairs was deemed compensable but resulted in no award of benefits.

The Commission affirmed the Administrative Law Judge's award denying compensation for a December 17, 2004 dog bite injury to the claimant's back and right lower extremity. No benefits were awarded in this injury number, though the claimant was awarded permanent total disability benefits in a separate prior injury number.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Mitchel Freeman's bilateral carpal tunnel syndrome developed through repetitive hand tasks. The claimant was awarded permanent partial disability benefits at 20% of the right and left upper extremities, with a minor correction made to the calculation of preexisting disability weeks.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits, finding that the employee failed to prove he sustained a compensable primary injury. Because no compensable primary injury was established, the employee's claim against the Second Injury Fund was also denied, rendering all other issues moot.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Barbara Ketterman for a fall injury sustained on April 30, 2007 at Woods Supermarket. The claimant was awarded permanent total disability benefits of $186.05 per week for life, along with necessary medical benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Susan Mueller, finding she failed to provide adequate medical evidence of pre-accident cervical spine disability. The case involved a dispute over whether medical opinion evidence was required to establish permanent partial disability from a 2003 cervical fusion prior to a December 5, 2005 work accident.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Dorothy Thompson for a lumbar spine injury sustained when she slipped on a mat at work on August 30, 2002. The employee was awarded permanent total disability benefits from the Second Injury Fund beginning May 23, 2008, with her initial claim against the employer-insurer settled by compromise agreement.

The Missouri Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Michael Kwiatkowski, finding the award supported by competent and substantial evidence and consistent with Missouri Workers' Compensation Law. 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 allowing workers' compensation benefits to William D. Dobbs for a right knee injury sustained on October 30, 2002, when a concrete slab fell and struck his knee while he was moving it at work. The Commission found the injury compensable under Missouri law and approved the administrative law judge's award along with the attorney's fee as fair and reasonable.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to employee Odessa Current for injuries sustained in a February 6, 2004 work-related accident at Little Hills Health Care, LLC. The award combined the employee's primary injury with preexisting disabilities to establish Second Injury Fund liability, though a dissenting opinion argued for permanent total disability benefits rather than the enhanced permanent partial disability awarded.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Melicia Lytle for an alleged repetitive strain injury to her right shoulder and elbow from operating a mechanical lift lever. The injury was found to not arise out of and in the course of employment, resulting in no compensation awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award granting temporary or partial workers' compensation benefits to Donald Crooks for a left shoulder and upper arm injury sustained on December 9, 2008. The injury was found to be compensable and arose out of and in the course of his employment at Town & Country Butcher Shop Inc.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Dennis Seifner for an alleged thoracic disc herniation, finding that the injury did not arise out of and in the course of employment. No compensation was awarded in this case.

The Commission affirmed the Administrative Law Judge's award finding that Dennis Carver sustained a compensable work-related injury on October 1, 2007, while carrying felt up a ladder, and is entitled to temporary total disability benefits and past medical expenses. The employee's compensation was subject to a maximum 50% reduction due to willful violation of safety rules, but the employer and insurers remain obligated to provide future medical treatment.