Filtered workers' comp decisions

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Kent Spies' left shoulder injury sustained on November 9, 2006, while adjusting cardboard stacks at work. The employee was awarded compensation for temporary total disability, permanent partial disability (30%), unpaid medical expenses, and travel costs, with the Second Injury Fund bearing partial liability.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Timothy Andrews for a compensable injury to bilateral upper extremities sustained on April 1, 2004, while stopping a child from falling down stairs. The award was supported by competent and substantial evidence and complied with Missouri Workers' Compensation Law.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee David M. Green for an alleged low back injury from lifting a road sign on July 23, 2009. The court found that the alleged injury did not arise out of and in the course of employment, and therefore was not compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to John Kinnikin for a back injury sustained on November 19, 2002, while digging with a shovel and operating heavy equipment. The employee was awarded compensation for temporary total disability, permanent partial disability (30% body as a whole), and necessary medical treatment, with liability shared between the employer's insurer and the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits in this case. No compensation was awarded as the Commission found the ALJ's decision was supported by competent and substantial evidence and complied with Missouri Workers' Compensation Law.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to William Maxwell for an inguinal hernia suffered on April 10, 2004, when he slipped on a wet, soapy floor while washing a bus at Three Rivers Travel. The injury was found to be compensable under Missouri law, with benefits awarded for temporary total disability and necessary medical aid.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Craig Bonar for injuries to his right and left lower extremities sustained in a workplace fall on June 30, 2007. The employee was awarded permanent partial disability compensation of 23.5% for the right lower extremity and 20% for the left lower extremity at the 155-week level, along with medical expense coverage and temporary disability benefits.

The Missouri LIRC affirmed the administrative law judge's decision denying workers' compensation benefits in this case. The Commission found that the award was supported by competent and substantial evidence and was made in accordance with Missouri Workers' Compensation Law.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation to employee Robert Starr dated August 31, 2010, finding the award supported by competent and substantial evidence and in accordance with state law. The Commission also approved the administrative law judge's determination regarding attorney's fees as fair and reasonable.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Rick Powell for a left knee injury sustained on April 21, 2003, when he slipped on a screed machine at work. The award includes permanent partial disability compensation, permanent total disability benefits from the Second Injury Fund, and future medical treatment for the total knee replacement.

The Commission affirmed the Administrative Law Judge's temporary award finding the employee's injury from a fireworks display explosion compensable under Missouri law. The Second Injury Fund was held liable for temporary disability compensation of $13,157.58.

The Commission affirmed the Administrative Law Judge's decision denying compensation benefits, finding that while the injury was compensable and arose out of employment, no additional benefits were awarded as the claim had been previously settled. The Second Injury Fund was found to have no liability under Missouri law.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Roy Mussett, finding no compensable injury or occupational disease occurred. The employee failed to appear at the final hearing and was found in default, resulting in no compensation being awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Janet K. Carter for a thoracic spine injury sustained on January 20, 2002, when she slipped and fell at work. The claimant was awarded 20 weeks of permanent partial disability compensation totaling $6,588.40, representing 5% permanent disability of the body as a whole.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Anthony Darris, a security officer who claimed injury to both feet from walking and standing during work. 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 Workers' Compensation Law.

The Commission affirmed the Administrative Law Judge's decision denying the employee's workers' compensation claim, finding that the employee failed to prove she sustained a back injury arising out of and in the course of her employment and failed to prove work was the prevailing factor causing her back condition. The claim was subsequently settled between the employee and employer/insurer on July 29, 2010.

The Commission affirmed the administrative law judge's denial of compensation for Donna Moorman's claimed left shoulder injury from repetitive work as a bottle washer and packaging department employee. The employee failed to prove that her left shoulder condition arose out of her employment and that her work was the prevailing factor in causing her disability.

The Commission affirmed the administrative law judge's award for an employee who fell down stairs while traveling to see patients as part of her home health care duties. The injury arose out of and in the course of employment because traveling to patients and exiting the building were integral to the employee's job duties, creating a clear nexus between the work and the injury.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation to employee Darlana Jones for injuries sustained on March 1, 2001, arising out of her employment. The decision determined that the Second Injury Fund is liable for enhanced permanent partial or total disability benefits based on expert testimony that the employee is permanently totally disabled as a result of her work-related carpal tunnel syndrome combined with preexisting disabilities.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Teresa Carkeek's June 2006 work injury, while clarifying that the Second Injury Fund was not liable for permanent total disability benefits since this was not her last work-related injury. The Commission disagreed with the administrative law judge's reasoning on the Second Injury Fund liability issue but affirmed the overall compensation award and approved the attorney's fees.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Teresa Carkeek's cervical spine injury sustained on December 13, 2006, when she tripped on debris while pushing a buggy at work. The Second Injury Fund was held liable for 20 weeks of compensation at $376.55 per week, totaling $7,531.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Romondo Battle for a cervical spine injury sustained on February 4, 2008, while fighting a fire for the City of St. Louis. The claimant was awarded permanent partial disability compensation with the Second Injury Fund liable for a portion of the benefits.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Pamela Cotter for an alleged herniated disc of the cervical spine sustained on October 18, 2004. Although the injury arose out of and in the course of employment, it was determined to be non-compensable under Missouri workers' compensation law.

The Commission affirmed the administrative law judge's award allowing Second Injury Fund compensation for an employee with carpal tunnel syndrome in both wrists (15% permanent partial disability each) and significant preexisting disabilities in the shoulders and low back. The employee was entitled to 35.19 weeks of multiplicity compensation from the Second Injury Fund totaling $12,459.00.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Anthony Hughes, a postal letter carrier who alleged a psychological injury on June 6, 2006. 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 Workers' Compensation Law.