Filtered Decisions

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 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.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in full. The claim was denied because the alleged back injury on May 21, 2001 did not arise out of and in the course of employment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying all workers' compensation benefits to David M. Porting for an occupational disease (infected blister on right big toe) that occurred on March 1, 2003. Although the injury was found to be compensable and work-related, no compensation was awarded due to the finding that there was no permanent disability or temporary disability warranting benefits.

The Commission affirmed the administrative law judge's award of permanent total disability compensation to Jerry Fischer for injuries sustained on June 7, 2004, when he fell off a crawler during track repairs. Fischer is entitled to $337.18 per week compensation for life, with medical benefits and attorney's fees approved.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to David Martinez for injuries sustained on October 30, 2003, when he fell from a broken ramp railing while retrieving a core box. The award includes permanent partial disability compensation for left shoulder injury, psychiatric condition, and disfigurement, with the Second Injury Fund liable for permanent total disability benefits.

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits in this case, despite finding the injury compensable under Chapter 287. Although the claimant's low back injury from moving a table on June 22, 2007 met all statutory requirements, no compensation was awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation to truck driver Scott Knight for injuries sustained while cranking a trailer dolly. Knight claimed a work-related shoulder injury with numbness in his fingertips resulting from forcefully operating equipment on March 3, 2006, but the award was denied.

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to Michael G. Gibbons for a low back and right leg injury sustained on December 7, 1999, while attempting to remove a 350-pound vacuum pump at work. The employer is liable for lifetime weekly benefits of $578.48, temporary total disability for specified periods, outstanding medical expenses of $11,333.73, and future medical care related to the injury.

The Commission affirmed the Administrative Law Judge's award of temporary/partial workers' compensation benefits for Michael Todd, a boilermaker who sustained a right thumb injury on October 6, 2008. The award provided 13 1/7 weeks of temporary total disability at $772.53/week plus unpaid medical expenses totaling $10,568.85, with proceedings kept open for final determination.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Annette Mitchell. The Commission found that the denial was supported by competent and substantial evidence and consistent with Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to Billy B. Williams for a neck and shoulder injury sustained on December 26, 2003, while attempting to open a stuck door. The employee was awarded $662.55 per week in permanent total disability compensation beginning October 29, 2004, along with necessary medical treatment.

The Commission affirmed the Administrative Law Judge's award denying compensation to Darryl Hines for an alleged repetitive strain injury to his right knee sustained on April 6, 2004. The decision found that the alleged injury did not constitute a compensable accident or occupational disease under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits for an employee's permanent partial disability related to thoracic and lumbar spine injuries sustained while working in the mail room. A dissenting opinion argues that benefits should also have been awarded for cervical spine injuries aggravated by repetitive lifting of heavy mail bags and carts weighing 30-100 pounds.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Larry D. Balch for a low back injury sustained on March 20, 2001, while lifting hoses for an air compressor. The employee was awarded 120 weeks of permanent partial disability compensation totaling $37,711.20, with medical benefits of $247,719.45 already paid by the insurer.