OTT LAW

Filtered Decisions

1,920 decisions matching filters

Niemeyer v. Kozeny & McCubbin / Bankers Lenders & Title(2010)

January 21, 2010

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that the employee's right knee injury from an elevator malfunction was a compensable work injury. The decision awards unpaid medical expenses of $64,802.09 and temporary total disability benefits, with the case remaining open for further determination pending maximum medical improvement.

knee2,503 words

Densen v. Ferguson Roofing; Daniel Densen d/b/a DLD Construction(2010)

January 21, 2010

affirmed

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits, finding no compensable injury under Missouri law. The employee's alleged fall from a ladder on January 5, 2005 was determined not to have occurred in the course of employment with either listed employer.

fall2,168 words

Crank v. Willow Brook Foods(2010)

January 21, 2010

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Robin Crank for a fall injury sustained on June 16, 2003, while putting on booties at work. The claimant was awarded 60 weeks of permanent partial disability benefits at 15% permanent disability with a weekly compensation rate of $226.66.

fall11,152 words

Werremeyer v. Yesterdays Restaurant(2010)

January 21, 2010

affirmed

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for a right hand injury sustained when the employee slipped on a wet floor while carrying glasses on November 11, 1995. The claimant was awarded 80% permanent partial disability benefits, with 20 weeks of compensation ($5,145.80) payable from the Second Injury Fund.

hand3,058 words

Kitchen v. Mid-America Hotels Corporation(2010)

January 14, 2010

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding that Teresa Kitchen developed compensable carpal tunnel syndrome from hand-intensive work at Burger King. This is a temporary and partial award with the case kept open for final determination.

carpal tunnel4,702 words

Treadwell v. Lutheran Home for the Aged(2010)

January 14, 2010

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's final award denying workers' compensation benefits to employee Annie Treadwell. The Commission found that the alleged injury or occupational disease did not arise out of and in the course of employment, making it non-compensable under Missouri workers' compensation law.

2,320 words

Michael v. United Parcel Service(2010)

January 14, 2010

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Ronald Michael's occupational disease involving repetitive trauma to both wrists sustained while working as a UPS driver. The case involved settlement with the employer/insurer and liability allocation to the Second Injury Fund for enhanced disability.

carpal tunnel4,665 words

Bailey v. Phelps County Regional Medical Center(2010)

January 7, 2010

affirmed

The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for Ruth Bailey, who sustained a knee injury on January 15, 2006, while walking in a hospital hallway. The decision turned on whether the injury resulted from an accident arising out of and in the course of employment.

knee5,778 words

Ray v. Cooperative Attendant Services, Inc.(2010)

January 6, 2010

affirmed

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to an employee who sustained a contusion to her right thumb when struck by a patient on September 2, 2006. Although a compensable accident was found to have occurred, the ALJ determined that no future medical care or permanent disability resulted from the injury, attributing ongoing symptoms to preexisting osteoarthritis rather than the accident.

contusion1,636 words

Juhl v. QuikTrip Corporation(2009)

December 23, 2009

affirmed

The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for Sandra Juhl's slip and fall injury that occurred on September 28, 2005 while mopping. Although the injury arose out of and in the course of employment, no compensation was awarded because the claim was not filed within the time required by Missouri law.

slip and fall1,385 words

Fry v. Tates Facility Services, Inc.(2009)

December 18, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to custodian Wendy L. Fry for a low back injury sustained on October 2, 2006, while emptying a trash barrel. The claimant was awarded 25% permanent partial disability benefits totaling $52,504.36, including unpaid medical expenses, temporary disability compensation, and permanent partial disability payments.

back5,267 words

Fuller v. Kone, Inc.(2009)

December 18, 2009

affirmed

The Missouri LIRC affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to Richard A. Fuller for a torn left bicep tendon sustained on October 9, 2007, because he failed to provide written notice of the injury within 30 days as required by statute. A dissenting opinion argued the notice requirement was applied too strictly given the employee's lack of sophistication about workers' compensation procedures and the employer's failure to properly notify him of the notice requirement.

arm6,857 words

Bogan v. The Salvation Army(2009)

December 4, 2009

affirmed

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for an alleged right shoulder injury claimed to have occurred on September 30, 2008 during lifting activities. The claim was denied because the alleged accident did not arise out of and in the course of employment, and no compensable injury was established under Missouri law.

shoulder2,995 words

Kelleybrew v. Plastene Supply Company(2009)

December 4, 2009

affirmed

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits despite finding the employee sustained compensable low back and lung injuries from repetitive work and chemical exposure. Although permanent partial disability was assessed at 12.5% for the back and 3.95% for the lungs, no compensation was awarded.

occupational disease19,854 words

Reale v. Ameristar Casino(2009)

December 1, 2009

affirmed

The Commission affirmed the Administrative Law Judge's award allowing temporary workers' compensation benefits for an occupational disease/repetitive trauma injury. The Commission also clarified that the employee satisfied the statutory notice requirements under section 287.420 RSMo by filing a timely Claim for Compensation on July 24, 2006.

occupational disease6,300 words

Poole v. City of St. Louis(2009)

November 23, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Taylor Poole for injuries sustained on April 27, 2002, when the employee tripped over forklift tines. The employee was awarded permanent partial disability compensation totaling $32,862.56 for injuries to both ankles, left wrist, and cervical spine.

multi-trauma7,030 words

Hockersmith v. Medlin Transport, Inc.(2009)

November 17, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to William Hockersmith for injuries sustained in a slip and fall accident on August 22, 2007 near Rolla, Missouri. The Commission approved permanent partial disability compensation totaling $13,908.18, past temporary total disability of $7,108.89, and unpaid medical expenses of $5,438.00.

slip and fall3,450 words

Murray v. Hampton's Trenching, LLC(2009)

November 17, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Douglas E. Murray for a back injury sustained on February 4, 1998, while pulling on a stuck spade. The Commission approved permanent partial disability compensation of 17.5% of the body as a whole, along with underpaid temporary total disability benefits and medical expenses totaling $24,691.18.

back19,193 words

Scott v. Independent Stave Company, Inc.(2009)

November 17, 2009#07-064024

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award and decision regarding liability in this workers' compensation case. The award is temporary or partial in nature, with proceedings remaining open until a final award can be made.

228 words

Ward v. Ameren Services(2009)

November 17, 2009

affirmed

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Woodrow Ward, who suffered a thoracic back, right wrist, and right shoulder injury after falling 15 feet from a rooftop on June 16, 2003. The claimant was awarded permanent partial disability compensation totaling $59,837.31 for injuries rated at 25% PPD of the thoracic spine, 22.5% PPD of the right shoulder, and 17.5% PPD of the right wrist.

back6,969 words

Rowens v. City of St. Louis(2009)

November 4, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to employee Steve Rowens. The Commission found the award was supported by competent and substantial evidence and was issued in accordance with Missouri Workers' Compensation Law.

199 words

Taylor v. City of Kansas City, Missouri(2009)

November 4, 2009

affirmed

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to James Taylor for injuries sustained on April 2, 2003, when he was knocked to the ground during an altercation with an inmate while performing his duties as a guard. The employee was awarded permanent and total disability benefits with ongoing medical care to be paid by the employer/insurer.

occupational disease6,995 words

Dougherty v. St. Luke's Hospital of Trenton(2009)

November 4, 2009

affirmed

The Commission affirmed the administrative law judge's award on medical fee dispute, finding that St. Luke's Hospital's charges for emergency room treatment provided to Joseph Dougherty following his November 7, 2006 workplace injury were fair and reasonable. The dispute involved unpaid medical fees of $1,188.34 out of total charges of $3,256.00 billed for the emergency services.

occupational injury861 words

Fry v. Christian Foods, LLC(2009)

November 4, 2009

affirmed

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Candace Fry, who alleged that her work operating a fry station caused injury to her right hand, wrist, and forearm. The Commission found that the alleged injury did not arise out of and in the course of employment, making it non-compensable under Missouri workers' compensation law.

occupational disease3,200 words

Olson v. Bass Pro, Inc.(2009)

November 3, 2009

affirmed

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Bonnie Olson for a right upper extremity injury sustained on July 20, 2005, when she was struck by a box dropped by a coworker at Bass Pro, Inc. The award includes permanent total disability benefits for the claimant's lifetime, temporary disability compensation already paid, and future medical treatment.

upper extremity5,334 words