Filtered Decisions

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Kenneth Adams (deceased, represented by Brenda Adams) for a low back injury sustained on May 30, 2002, while lifting heavy doors at McBride & Son Enterprises. The total compensation awarded was $141,877.87, including unpaid medical expenses, temporary total disability benefits, and permanent partial disability benefits of 30% of the body as a whole referable to the low back.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Peggy King's right wrist, hand, and forearm conditions caused by over ten years of work with Dierberg's Markets, Inc. The Commission agreed that the employee's work was the prevailing factor in causing her occupational condition and upheld awards for temporary total disability, past medical expenses, permanent partial disability, and disfigurement benefits.

The Commission affirmed the administrative law judge's award allowing workers' compensation for employee Lewis Daniels' compensable repetitive use injury, with minor clerical corrections to the document. A dissenting opinion argued for increased permanent partial disability rating (20% versus 10%) and Second Injury Fund eligibility based on preexisting vascular condition.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding the employee's low back and left leg injury compensable under Missouri workers' compensation law. The injury occurred on January 8, 2007, when the employee was injured while assisting a co-worker in lifting a patient who had fallen, resulting in left L5 nerve root impingement.

The Commission affirmed the administrative law judge's decision denying all workers' compensation benefits, finding that the claimant's alleged repetitive trauma injury to the right shoulder did not arise out of and in the course of employment. No compensation was awarded for temporary disability, permanent disability, or medical expenses.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Cindy Spittler for bilateral plantar fasciitis and peroneal tendonitis sustained on April 20, 2007. The claimant was awarded $32,820.26 in total compensation including unpaid medical expenses, temporary total disability, and permanent partial disability (22.5% to the body as a whole), plus future medical benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to James Merkerson for injuries sustained in a vehicular accident on August 9, 2006, while employed by TAP Enterprises, Inc. The claimant was awarded permanent partial disability compensation of $23,142.45 plus unpaid medical bills of $14,542.00, with adjustments for overpaid temporary total disability and subrogation, resulting in a net award of $16,056.52.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to employee Dale Morrison, finding it supported by competent and substantial evidence and in accordance with Missouri law. The Commission also approved the administrative law judge's allowance of attorney's fees as fair and reasonable.

The Commission affirmed the Administrative Law Judge's award finding that the employee's right upper extremity injury sustained in a stairwell fall on March 27, 2008, was a compensable work injury. Benefits including temporary total disability compensation and medical aid were awarded, with the case kept open for final determination.

The LIRC affirmed the administrative law judge's award of workers' compensation to Paula L. Johnson for a neck and shoulder injury sustained on March 29, 2003, while pulling stuck shopping carts apart at Wal-Mart. The Commission corrected the calculation of temporary total disability benefits from $3,215.22 to $2,143.71, resulting in a total award of $69,860.74.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits, finding the employee failed to prove her bilateral carpal tunnel syndrome was an occupational disease arising from her employment. A dissenting opinion argued the ALJ improperly weighed evidence and that future medical care should have been awarded.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for Keith Bales, who alleged a slip and fall injury on a wet floor in a power plant on May 9, 2003. The claim was denied as the injury was determined not to be compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Mary Perdue for an injury sustained while unloading a trailer on January 5, 2006. The Commission rejected the employer's arguments that no accident occurred, that the activity was equally exposed outside employment, and that the medical evidence was improperly weighed.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Joseph Zachery. The Commission found the award was supported by competent and substantial evidence and made in accordance with Missouri Workers' Compensation Law.

The Commission affirmed the administrative law judge's award denying compensation, finding that the employee failed to meet his burden of proof regarding future medical treatment, temporary total disability benefits, permanent partial disability benefits, and permanent total disability status. The Commission also rejected the employee's claim against the Second Injury Fund.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Velvet Grant for an alleged occupational disease to her hands and wrists sustained while performing office work. The Commission found that the injury did not arise out of and in the course of employment and was not compensable under Missouri Workers' Compensation Law.

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to the claimant. The claimant alleged she developed asthma and chemical sensitivity from exposure to chemicals and latex in the workplace, but the evidence did not support that the condition arose out of and in the course of employment.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Eli Sell's work-related back injury sustained on May 29, 2006, which resulted in permanent partial disability of 20% of the body as a whole. The decision upheld liability for future medical treatment, temporary total disability benefits from May 30, 2006 through February 19, 2008, and permanent partial disability benefits despite the employer's argument regarding inadequate notice of the injury.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Karen Larson for an alleged injury to her left foot and great toe that occurred on May 1, 2007. The ALJ found that the injury did not arise out of and in the course of employment, making it non-compensable under Missouri workers' compensation law.

The Commission affirmed the administrative law judge's award denying the widow of a deceased employee continuing permanent total disability benefits that would have accrued after the employee's death. The decision applies the 2008 Missouri statutory amendments that rejected the Schoemehl decision and terminated dependents' rights to unaccrued permanent total disability compensation upon the injured employee's death.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Mary E. Miller for a right shoulder injury sustained on October 17, 2006, when she tripped and fell while walking in a hallway at Argosy Casino Riverside. The employee was awarded $27,952.70 in total compensation for temporary and permanent partial disability, plus medical expenses of $23,492.38 already paid by the insurer.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Mike Sanders' low back injury sustained on September 15, 2004 while operating heavy equipment. The Commission found the injury compensable and approved permanent total disability benefits against the Second Injury Fund, along with temporary disability compensation and medical aid already paid.

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits for Willie Woodard's alleged back injury from lifting on July 27, 2007. The injury was found not to be compensable under Missouri workers' compensation law, with no benefits, medical aid, or disability compensation awarded.

The Commission affirmed the administrative law judge's temporary award allowing compensation for an employee struck by a vehicle in the employer's parking lot at the end of her work day on December 18, 2008. The injury was deemed to arise out of and in the course of employment because the employee would not have crossed paths with the negligent driver but for her employment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to David Parsons for a hernia sustained on July 2, 2007. The Commission found that the injury did not arise out of and in the course of employment, as the claimant was not in the employ of Steelman Transportation at the time of the alleged accident.