Filtered workers' comp decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Bobby Knight's lumbar spine injury sustained on December 18, 2015, when he fell backward onto pallets while working for FedEx Ground Package System. A dissenting opinion argued for a higher permanent partial disability rating based on medical testimony, but the majority upheld the original award.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying compensation in a workers' compensation case involving a low back injury sustained while loading baggage. Although the injury was found to be compensable and arose out of employment, no benefits were awarded due to the determination that the injury resulted in only 3.5% permanent disability to the body as a whole.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Jimmy Fields for a left lower back injury sustained while lifting luggage on August 17, 2011. Although the injury was found to be compensable and work-related, no compensation was awarded despite documented medical treatment costs and temporary disability payments already made.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of compensation, finding that the employee failed to prove permanent total disability resulted from the combination of hearing loss and preexisting conditions sufficient to establish Second Injury Fund liability. The decision addresses the application of amended statutory provisions effective January 1, 2014, requiring specific criteria for Second Injury Fund claims involving occupational disease injuries.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits, finding that the employee failed to prove permanent total disability resulted from the November 9, 2012 low back injury combined with preexisting conditions. The Commission determined that expert testimony did not support a finding of permanent disability from the primary injury, and thus Second Injury Fund liability was not established.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Mary Kling for an alleged occupational disease claim involving bilateral plantar fasciitis from repetitive standing on concrete. Although the employee and employer/insurer settled the primary claim for $5,918.00 based on twenty percent permanent partial disability, the ALJ found the employee failed to meet her burden of proof that the injury was work-related, finding the defendant's medical expert more credible than the employee's expert.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Brenda Sadler, finding no compensable injury or occupational disease occurred. The claimant's alleged back/body injury was determined not to have arisen out of and in the course of employment, resulting in no compensation awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing permanent total disability compensation to Jeffrey Gilman for a lower back injury sustained in 2011. One commissioner dissented, arguing the award should be modified to assign liability to the Second Injury Fund based on the combination of the primary injury with the employee's preexisting pulmonary condition.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of permanent partial disability, temporary total disability, and unpaid medical expenses to employee Veneta Hill for bilateral carpal tunnel syndrome allegedly caused by her work activities. The majority found the employee's work activities were the prevailing factor in her occupational disease, though a dissenting member disagreed with the assessment of medical expert credibility and causation.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Gary Fuwell for a lumbar spine injury sustained in a fall down stairs at a Missouri Department of Corrections facility on November 21, 2013. The employee was awarded permanent total disability benefits of $377.92 per week beginning September 28, 2016.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation to employee Aaron Jones. The Commission found the denial was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award granting workers' compensation to employee Gabina Castaneda, finding the award supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law. The decision also addressed procedural issues regarding the employer's appeal brief and the employee's motion for costs and attorney's fees.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation to employee Shelly Dale for injuries sustained in a fall. The Commission dismissed the employee's application for review as failing to meet procedural requirements under Commission rule 8 CSR 20-3.030(3)(A) for insufficient specificity in identifying the issues contested.

The Commission affirmed the administrative law judge's award allowing compensation for James Shields' permanent total disability claim resulting from his right shoulder injury on December 23, 2015. The decision upheld that the employee's permanent total disability was solely attributable to his primary work injury, making the employer/insurer liable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for David King's low back injury sustained on August 10, 2013, when he slipped and fell on grease at the hotel. The employee was awarded 120 weeks of PPD benefits plus permanent total disability benefits from the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of permanent total disability benefits, holding that Missouri law requires an employee to prove permanent total disability results from a combination of a work-related injury with only one qualifying preexisting disabling condition, not multiple preexisting conditions. The Commission applied strict statutory construction to § 287.220.3, rejecting the employee's argument that all preexisting disabilities should be considered in combination with the primary injury.

The Commission affirmed the administrative law judge's award denying the employee's claim for permanent total disability compensation against the Second Injury Fund, finding that the employee's permanent total disability resulted solely from his June 28, 2015 primary injury. The decision clarified that § 287.220.3 RSMo applies to Second Injury Fund claims arising from post-2014 injuries, excluding certain preexisting disabilities from consideration.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Frank Starks' work-related injury. Starks sustained a right hip injury on August 5, 2015, when he tripped over a cord at work in Springfield, Missouri, and the injury was found to be compensable under Missouri law.

The Missouri Court of Appeals reversed the Commission's prior decision and remanded the case with instructions to reinstate the ALJ's award of temporary total disability benefits for Jeffrey Hicks. The Commission issued this final award allowing compensation in the amount of $26,999.12 for temporary total disability benefits resulting from a left shoulder injury sustained during defensive tactics training on January 2, 2014.

The Missouri Court of Appeals reversed the LIRC's prior decision and remanded the case with instructions to reinstate the administrative law judge's award of permanent total disability benefits to claimant Lisa Coffer for bilateral carpal tunnel syndrome. The Second Injury Fund was found liable for permanent total disability benefits commencing August 27, 2015, at the rate of $333.33 per week for the remainder of the employee's lifetime.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Nathan Ford, finding no compensable accident occurred. The Commission determined that Ford, as the aggressor in a physical altercation with a coworker, did not establish a workplace injury eligible for compensation.

The Missouri Court of Appeals reversed the Commission's initial denial and remanded the case, directing that the Second Injury Fund be held liable for permanent total disability benefits. The Commission issued this final award granting the employee permanent total disability benefits beginning 115 weeks after maximum medical improvement at a weekly rate of $397.28 for life.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Randy Lawrence for a right shoulder injury sustained on April 18, 2014, while picking up a thirty-pound clamp at Noranda Aluminum Inc. The injury was found to be compensable under Missouri workers' compensation law, arising out of and in the course of employment.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to employee Lettie Moore. The Commission found that even if Dr. Morrow's medical report should have been admitted into evidence, it would not establish the required 50-week permanent partial disability or synergistic effect necessary for compensation.

The Commission affirmed the administrative law judge's award denying the employee's Second Injury Fund claim for permanent total disability, finding that the employee failed to prove he had permanent partial disability attributable to preexisting cardiac and COPD conditions. The court credited medical testimony that the employee's cardiac and chronic obstructive pulmonary disease presented no pre-accident disabling symptoms that could form a basis for permanent disability benefits.