Filtered Decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying compensation in this workers' compensation case for employee Joseph H. Butler. The Commission found that the judge's decision was supported by competent and substantial evidence and complied with Missouri Workers' Compensation Law.

The LIRC affirmed the Administrative Law Judge's award of permanent total disability benefits to employee Sherry Sellars for injuries sustained in a motor vehicle accident on April 30, 2007, which resulted in a compression fracture at T-12 requiring surgical intervention. The Commission rejected the employer/insurer's argument that subjective mental disability findings should not prevail, finding that both the objective physical disability and the resultant psychic disability combined to warrant permanent total disability status.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Charles Hurst. The Commission found that the award was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Hali Batton for a compensable occupational disease injury to her neck, body as a whole, and left shoulder sustained on January 21, 2004, resulting from repetitive overhead 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 allowing workers' compensation benefits to Sonia Revels for a right shoulder and cervical spine injury sustained on November 9, 2001, when a box fell while she was stacking boxes at Fulton State Hospital. The claimant was awarded permanent partial disability benefits of 111-1/7 weeks and permanent total disability benefits of $224.14 per week beginning June 4, 2003, for a total award of $51,321.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Terry Williams. The decision was issued on August 10, 2010, affirming the January 11, 2010 award and approving the attorney's fee as fair and reasonable.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Glenda Reed for an occupational disease involving repetitive strain injuries to her shoulders, wrists, and upper extremities sustained on October 7, 2004. The employee received permanent partial disability benefits from the employer and permanent total disability benefits from the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Maria Peck-Miller for a knee injury sustained on January 26, 2004, when she slipped on ice while walking to her car at the end of her work shift. The Commission approved permanent partial disability compensation of 40% for the right knee and 15% for the left knee, with the Second Injury Fund liable for 19.2 weeks of benefits totaling $6,663.36.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Troy L. Hudson for two work-related injuries: a May 21, 2004 fall from a trailer causing head, neck, spine, and shoulder injuries (30% permanent partial disability), and a December 29, 2004 low back injury from bending rebar (40% permanent partial disability). The decision awards temporary disability compensation, medical expenses, and permanent partial disability benefits for both injuries.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding the employee's low back injury compensable under Missouri workers' compensation law. The employer is ordered to pay temporary total disability benefits and provide necessary medical aid, with proceedings kept open for final determination pending maximum medical improvement.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits for an employee's alleged MRSA infection in the left breast contracted at a poultry processing plant. The Commission found that the injury was not compensable under Missouri workers' compensation law, and no benefits were awarded despite the claim meeting procedural requirements.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Charles P. Reese for injuries sustained on September 8, 2004, when epoxy paint blown by wind into his eyes caused him to fall and strike the back of his head on a steel beam. The employee settled his case for 17% permanent disability of the body as a whole related to head, eyes, and hearing injuries.

The Commission affirmed the administrative law judge's decision denying compensation for hearing loss and tinnitus claims filed by the employee, finding the claim was barred by the statute of limitations. Following a Court of Appeals mandate requiring further analysis of tinnitus as a separate occupational disease claim, the Commission reaffirmed its denial after determining the tinnitus claim was also untimely.

The Commission affirmed the administrative law judge's award denying the widower Wesley Goad continuing permanent total disability benefits that would have accrued after the deceased employee Cheryl Goad's death. The decision applies amended Missouri statutes enacted in June 2008 that prospectively terminated the right to unaccrued permanent total disability compensation upon an injured employee's death, rejecting the prior Schoemehl decision.

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Anton Kloepfer for a claimed 2008 workplace injury, finding he failed to meet his burden of proof regarding an accident in the course and scope of employment and medical causation. A dissenting opinion argued the decision should be reversed and benefits awarded for past medical expenses, temporary total disability, future medical care, and permanent partial disability.

The Commission affirmed the administrative law judge's award of 40% permanent partial disability for a right shoulder injury sustained when the employee's arm was caught in a bi-fold cockpit door on June 15, 2003. The employee, a Flight Service Manager/Purser with 36 years of service, underwent shoulder surgery and was found to have partial thickness rotator cuff tears with permanent weakness, precluding return to previous flight attendant duties.

The Missouri Court of Appeals affirmed in part and reversed in part the Commission's August 12, 2009 award, remanding the matter with directions to award the employee weekly wage benefits of $161.91. The Commission issued this award pursuant to the Court's mandate, granting permanent total disability benefits.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Lonnie Jones for a low back injury sustained on March 7, 2008, when a hydraulic cylinder blew out on a dump truck he was operating. The claimant was awarded permanent total disability benefits at $340.53 per week beginning October 13, 2008, along with future medical benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Jerry Roberson for a back injury, finding the award supported by competent and substantial evidence. A separate opinion disagreed on the classification, arguing for permanent total disability benefits rather than permanent partial disability based on expert testimony regarding the employee's inability to compete in the open labor market.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Kathy Meyer, who sustained injuries from an automobile accident on January 30, 1998 while employed by Pyramid Home Care, Inc. The employee was awarded compensation for temporary and permanent partial disability along with necessary medical benefits totaling over $262,000.

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to James Kuhnlein for a low back strain injury sustained on March 30, 2007, when he slipped on a newly stripped floor at work. Although the injury was deemed compensable and work-related, no compensation was awarded in the final decision.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Nanette J. Kirkey for alleged occupational exposure to mold while performing administrative duties. The Commission found that the injury did not arise out of and in the course of employment, rendering the claim non-compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Doris Dobbs for bilateral carpal tunnel syndrome developed as a result of her work activities at Jefferson Memorial Hospital. The employee was awarded $25,570.20 in total compensation, including temporary total disability, permanent partial disability, and disfigurement benefits.

The Missouri LIRC affirmed the administrative law judge's decision denying workers' compensation benefits to employee John Shelton, finding that the employer's post-injury drug and alcohol testing policy was valid. The dissenting opinion argued for reversal, contending that the employer failed to meet its burden of proving the employee forfeited benefits due to test refusal.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits for Lisa Higgenbotham's left knee injury sustained on June 5, 2006, while employed at a McDonald's restaurant. The claimant was awarded compensation for 30% permanent disability to the left knee, with the Second Injury Fund covering 20% of the body rating liability.