Filtered Decisions

The Commission affirmed the Administrative Law Judge's award of workers' compensation for Julie Fink's occupational disease claim for carpal tunnel syndrome developed through typing duties on June 7, 2006. The award of $38,196.50 for 104.63 weeks of permanent partial disability (25% each wrist, 15% load, and 4 weeks disfigurement) was found to be supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

The Commission affirmed the administrative law judge's award of permanent total disability benefits for Oscar Scott, who sustained a low back injury while operating a forklift on an uneven surface on May 6, 2005. Scott is entitled to permanent total disability benefits of $453.51 per week for his lifetime beginning October 13, 2006, along with necessary medical treatment.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits for employee Eric Clark on June 10, 2009. 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 workers' compensation benefits to Diane Dobbs, who alleged developing upper extremity pain while working as a telemarketer at MCI in November 1997. The Commission found that the alleged occupational disease did not arise out of and in the course of employment under Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Dewaun Jackson in injury case No. 07-094227. The decision was made on October 22, 2009, based on competent and substantial evidence in accordance with Missouri Workers' Compensation Law.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Thomas Schuchman for an alleged heart attack sustained while working on July 8, 2005. The claim was determined to be non-compensable as the injury did not arise out of and in the course of employment.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation for Emily Thomas's bilateral carpal tunnel syndrome, finding that proper notice was given to the employer on March 9, 2006, when the Division of Workers' Compensation sent confirmation of the claim. The decision clarified that the 30-day notice requirement begins from the date a diagnostician establishes a causal connection between the condition and work-related activity, not from initial diagnosis of the underlying medical condition.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for Garold Savage's left knee injury sustained on May 3, 2007, during employment. The employee received permanent partial disability benefits from the employer and permanent total disability benefits from the Second Injury Fund due to a combination of the primary injury and pre-existing conditions.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Denise Pile, finding that her injury did not arise out of and in the course of employment. A dissenting opinion argued the ALJ misapplied the statutory test by ignoring the word 'equally' in the causation analysis.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Karen McCarthy for carpal tunnel syndrome. The Commission found that McCarthy failed to meet her burden of proving that her occupational disease arose out of and in the course of her employment, as her medical condition was not caused by work as the prevailing factor, given her significant non-occupational risk factors including diabetes, obesity, and high blood pressure.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Russell McDonald for a cubital tunnel injury of the right elbow sustained through lifting and emptying trash barrels during employment. The claimant was awarded $34,760.81 in total compensation including temporary disability, permanent partial disability, and disfigurement benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying compensation to Sharon Lawrence for alleged hearing loss and tinnitus from occupational noise exposure. The claim was denied because it was not filed within the time required by law.

The LIRC affirmed the Administrative Law Judge's award finding that employee Mickey Snider suffered a work-related back injury in March 1999 resulting in permanent total disability, with employer liable for benefits and future medical treatment. The Commission corrected the ALJ's analysis regarding Second Injury Fund liability, finding no such liability exists because the employee's permanent total disability resulted solely from the work-related injury.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Donna Rader's compensable work-related injury to her low back and mental injury sustained on March 25, 2004. The employee received temporary total disability payments and medical aid totaling over $42,000, with an approved attorney's fee of 25% of future payments.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Juanita Massey for injuries sustained when she slipped and fell on a wet floor on May 21, 2003. Despite finding that an accident occurred during employment, the judge determined the injury was not compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Bradley J. Burger's injuries sustained on March 24-26, 2004. The employee received compensation for a right shoulder injury from a portable saw accident and bilateral carpal tunnel from repetitive motion, with permanent partial disability settlements for both injuries.

The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits to Andre Hammonds for a right ankle injury sustained when he slipped on ice. The denial was upheld because the slip and fall incident did not meet the statutory definition of "accident" under Missouri's 2005 Workers' Compensation Law amendments, which require the traumatic event to occur during a single work shift with specific, identifiable circumstances.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Dennis Payne for a disc herniation claimed to have resulted from a shoveling injury on November 17, 2006. The Commission found that while an injury occurred, the employee failed to establish that the work incident was the cause of the subsequently identified ruptured disc requiring surgery in January 2007.

The Commission affirmed the administrative law judge's award granting workers' compensation benefits for cervical strain, left shoulder girdle strain, and cubital tunnel syndrome resulting from a December 2, 2004 work accident. The employee was awarded past medical expenses, 8 and 5/7 weeks of temporary total disability benefits, and permanent partial disability awards totaling 12.5% for neck, 10% for left shoulder, and 19% for left elbow, while claims for cervical instability and other conditions were denied as unrelated to the work injury.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for James Truelove, who developed dementia from exposure to TCE (trichloroethylene) while employed by FAG Bearing on March 18, 1995. The employee was awarded permanent total disability benefits beginning August 24, 1995, for his lifetime, along with temporary total disability compensation of $8,404.06.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for Ronald Wright's work-related left knee injury sustained on April 13, 2005. The award included 72 weeks of permanent partial disability compensation from the employer and 18.93 weeks from the Second Injury Fund, totaling $4,692.34.

The Commission affirmed the Administrative Law Judge's award granting permanent total disability benefits to employee Bill Lewry for toxic chemical exposure sustained on October 27, 2006, while disposing of hazardous waste. The claimant was awarded weekly permanent total disability benefits of $718.87 beginning December 9, 2007, plus future medical treatment and a 25% attorney's fee lien.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Scott L. Eiken's back injury sustained on April 27, 2004, while lifting a wheel assembly at the Harley Davidson Motor Co. facility in Kansas City, Missouri. The employee was awarded 3% permanent partial disability compensation along with temporary disability benefits already paid, with medical expenses fully covered by the insurer.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Larry Daly for a cervical spine occupational disease contracted through lifting and stacking cases of soda over a number of years. The claimant was awarded $48,481.60 in permanent partial disability compensation based on 160 weeks at $303.01 per week.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Michael Bartlett's occupational disease involving repetitive motion to his right foot and ankle, contracted on or about August 7, 2007. Total compensation of $6,547.15 was awarded for medical expenses, temporary total disability, and permanent partial disability of 7.5% at the 155-week level.