Filtered Decisions

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent partial disability benefits to employee Lois Dampier for a work injury. The Commission found that the employer terminated the employee due to her inability to perform job duties under medical restrictions, and rejected the employee's claim of permanent total disability, finding insufficient evidence of psychiatric disability resulting from the work injury.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits, finding that the employee failed to meet her burden of proving that her right knee injury arose out of and in the course of her employment. Although the employee's medical expert provided uncontradicted testimony on causation, the Commission determined such testimony was not persuasive and noted that uncontradicted expert testimony does not automatically require a finding in the employee's favor.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to employee June Davis. The case involved allegations that the employee made threatening statements about bringing a gun to the workplace, which the Commission found to be not credible based on the evidence presented.

The Commission affirmed the administrative law judge's award of permanent total disability benefits to Sandra F. Johnson for a low back strain injury sustained on July 14, 1999. The Court found the employee's condition as of maximum medical improvement supported permanent total disability, and the Second Injury Fund was deemed to have no liability in the matter.

The Commission affirmed the administrative law judge's award of workers' compensation for occupational disease tinnitus suffered by employee Gary Lawson after 41 years of industrial noise exposure at Mississippi Lime Company. The Commission rejected the employer's argument that causation opinions must come from physicians, finding the audiologist's expert testimony credible and sufficient to establish work-relatedness of the tinnitus.

The Missouri LIRC affirmed the administrative law judge's decision denying the employee's workers' compensation claim against the Second Injury Fund, finding that the employee failed to prove his preexisting right knee condition constituted a hindrance or obstacle to employment. The court determined that despite applying the proper legal standard focusing on synergistic potential for future injury, the employee's credible testimony and the record did not support a finding of serious preexisting disability.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for a siding installer who suffered a low back disc injury and torn rotator cuff while picking up a heavy siding brake on January 7, 2000. The employee received permanent partial disability compensation of 30% to the low back and 7.5% to the left shoulder, with the Second Injury Fund liable for 21.625 weeks of benefits totaling $6,552.59.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to the claimant, finding that the injury or occupational disease was not compensable under Missouri law. No benefits were awarded in this case involving a deceased employee with a widower as substitute claimant.

The Commission affirmed the Administrative Law Judge's award denying all workers' compensation benefits to the claimant, finding no compensable injury or occupational disease occurred. No compensation was awarded for medical expenses, disability benefits, or death benefits in this case.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Ivan Fall for an occupational disease incident occurring on April 11, 2008, that arose out of and in the course of employment. The employee was awarded $4,997.97 in past medical expenses, future medical treatment coverage, and a 15% permanent partial disability award for the body as a whole.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Matthew Branson for a right shoulder injury sustained on July 14, 2010, when he slipped on a mat without grips. The claimant was awarded 22.5% permanent partial disability of the right shoulder with compensation payable through the Second Injury Fund in the amount of $10,066.90.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Susan Barton, finding the employer failed to prove the injury was caused by the employee's violation of safety rules. The Commission determined the employee is permanently totally disabled and not employable in the open labor market, rejecting the employer's attempt to reduce compensation based on alleged safety violations.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Ahdenah Fulcher-Tate for an alleged low back injury sustained while moving furniture during a contraband search on July 30, 2000. The Commission found that the injury did not arise out of and in the course of employment and therefore was not compensable under Missouri law.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits for an employee whose right hand became trapped in a gizzard machine at a poultry processing facility on August 7, 2009. The employee was awarded permanent total disability benefits beginning December 31, 2009, payable at $245.71 per week for the remainder of his lifetime.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing compensation for Anne Poole's injuries sustained in a motor vehicle accident on June 7, 2010, while returning to her employer's premises. The Commission concluded that the employee's injuries arose out of and in the course of employment under Missouri workers' compensation law, satisfying the causal connection test required by § 287.020.3(2) RSMo.

The Missouri Court of Appeals affirmed in part and reversed and remanded the Commission's award, directing recalculation of Second Injury Fund benefits to exclude preexisting thumb disability and scarring. The Commission recalculated benefits and awarded the Second Injury Fund liability of $10,333.41 in permanent partial disability benefits based on 297.75 weeks of combined preexisting and primary injury disabilities.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Walter Kramer for injuries to both shoulders sustained in a fall down stairs on April 17, 2008. The employee was awarded permanent partial disability benefits of 16% to each shoulder and permanent total disability benefits from the Second Injury Fund.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Patricia Thomas, finding that no compensable injury or occupational disease occurred. The decision determined that the alleged injury did not arise out of and in the course of employment, and therefore no compensation was awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to employee Ross E. Lawrence. While the Commission expressed concerns about the ALJ's decision to quash the employee's corporate designee subpoena, it determined that the resulting award would not have differed even if the subpoena had been granted.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Timothy R. Parker for occupational asthma caused by chemical exposure at his workplace on March 3, 2009. The employee was awarded 25% permanent partial disability of the body as a whole, with total compensation of $38,700.00 plus future medical benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent and total disability benefits to Sandra Mazzocco for a compensable occupational disease that occurred on January 10, 2000, while employed by the Department of Elementary and Secondary Education. The employee is entitled to weekly compensation of $578.48 beginning December 27, 2005, with medical expenses totaling $302,706.07 already paid by the insurer.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Eleanora Breese for bilateral carpal tunnel syndrome developed from repetitive data entry work. The claimant received permanent partial disability settlement and permanent total disability benefits from the Second Injury Fund beginning May 11, 2006.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Larry Burnam for a low back injury sustained on June 11, 2008, while performing maintenance work on an MRI chiller unit. The employee was awarded permanent partial disability benefits, temporary total disability benefits, and reimbursement for medical expenses totaling over $53,000.

The Commission affirmed the Administrative Law Judge's award of permanent partial disability benefits from the Second Injury Fund, rejecting the employee's appeal for permanent total disability benefits. The court found that while the employee is permanently and totally disabled, he failed to prove that his total disability resulted solely from the work-related injury combined with preexisting conditions, as subsequent injuries and conditions could not be attributed to the May 8, 2000 work injury.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Connie D. Miles for a work-related left knee injury, finding the award supported by competent and substantial evidence. The decision addresses the liability of the Second Injury Fund for permanent partial disability benefits, with the employee having suffered left knee injuries in 1993 and 1996 prior to the primary injury at issue.