OTT LAW

Filtered Decisions

1,920 decisions matching filters

Wolin v. Swank Audio Visuals, Inc.(2009)

September 1, 2009

affirmed

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to George Wolin, an audio technician who developed bilateral carpal tunnel syndrome allegedly from his work activities. The Court found that the injury did not arise out of and in the course of his employment and therefore was not compensable under Missouri workers' compensation law.

carpal tunnel5,579 words

Reese v. Murphy Co. Mechanical, Rock Hill Mechanical(2009)

September 1, 2009

affirmed

The Commission affirmed the administrative law judge's award denying compensation, finding that the claimant's occupational diseases of carpal tunnel syndrome and exercise-induced compartment syndrome were not compensable under the last exposure rule. The dissenting opinion argues the decision should be reversed because the claimant's repetitive work duties at Rock Hill Mechanical, not Murphy Co. Mechanical, caused the occupational diseases.

carpal tunnel, compartment syndrome5,852 words

Lingo v. Midwest Block and Brick(2009)

August 20, 2009

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Tom Lingo for a head injury sustained on July 21, 1994, while moving bags of cement at work. The claimant was awarded 15% permanent disability compensation totaling $10,399.80 plus previously paid medical benefits and temporary disability compensation.

head3,722 words

Rowden v. McCarthy Building Companies(2009)

August 14, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Bobby Rowden, finding that no accident or occupational disease occurred that arose out of and in the course of employment. No compensation was awarded and the claim was determined to be non-compensable under Missouri Workers' Compensation Law.

6,016 words

Kinsey v. Buchheit Enterprises, Inc.(2009)

August 12, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of permanent partial disability benefits for an employee's May 26, 2004 work accident involving shoulder injury. The Commission rejected the dissenting opinion's argument for permanent total disability, finding the partial disability award supported by competent and substantial evidence.

shoulder9,470 words

Norman v. Bi-State Development Agency(2009)

August 12, 2009

affirmed

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to a bus driver who claimed bilateral carpal tunnel syndrome from repetitive motion work. One commissioner dissented, arguing the employee presented substantial evidence that his twelve-plus years as a bus driver was the prevailing factor causing his occupational disease and permanent disability.

occupational disease3,643 words

McGhee v. W. R. Grace & Co.(2009)

August 12, 2009

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation to David McGhee for asbestosis, an occupational disease resulting from workplace exposure to asbestos between 1964 and 1977. The decision involved determining the appropriate permanent total disability compensation rate applicable when disease diagnosis occurred years after the harmful exposure ended.

occupational disease5,270 words

Travis v. Bethesda Orchard(2009)

July 31, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Deborah Travis. The Commission found that the ALJ's award was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

201 words

Wallace v. Chrysler, LLC(2009)

July 31, 2009

affirmed

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to David Wallace for a herniated disc at L3-L4 and degenerative lower back changes. The majority found the condition was not caused by work-related activities, though a dissenting opinion argued the back condition resulted from repetitive occupational exposure and should be compensable.

occupational disease4,236 words

Talbert v. Lab Corp, Inc.(2009)

July 30, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that employee Shelli Talbert's repetitive strain injury to her right thumb while working as a customer service representative was a compensable occupational disease. The award is temporary or partial, with medical expenses of $2,516.51 paid to date and proceedings kept open for final determination of permanent disability benefits.

carpal tunnel1,840 words

Hudgins v. Sentinel Fastener Supply Co., Inc.(2009)

July 30, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Donald Hudgins for a right shoulder injury sustained on March 24, 1999, when he fell while filling an order. The Commission awarded 35% permanent partial disability to the right shoulder at 81.2 weeks plus medical bills totaling $29,076.47, with the Second Injury Fund covering medical expenses due to the employer being uninsured.

shoulder2,314 words

Dauenbaugh v. Bobby Pankey & Sandra Pankey d/b/a West Plains Taxi(2009)

July 30, 2009

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Linden Dauenbaugh for a motor vehicle accident occurring on May 6, 2004, while employed as a taxi driver. Benefits included 35% permanent partial disability rating for cervical injury, temporary total disability compensation, unpaid medical expenses of $44,886.41, and Second Injury Fund liability of $6,549.60.

motor vehicle accident4,334 words

Bills v. Express Scripts, Inc.(2009)

July 30, 2009

affirmed

The Commission affirmed the administrative law judge's award finding that employee Florence Bills sustained a compensable occupational disease to the pulmonary system from exposure to 409 Cleaning Solvent on August 25, 2006, at Express Scripts, Inc. The award includes unpaid medical expenses of $11,115.55 with no permanent disability or temporary disability compensation awarded.

occupational disease4,099 words

Hemp v. Christy Minerals Company(2009)

July 29, 2009

affirmed

The Commission affirmed the Administrative Law Judge's decision denying additional workers' compensation benefits to Robert Hemp for a work-related injury sustained on August 8, 2001, while tightening a bolt at Christy Minerals Company. Although the injury to the right shoulder and associated conditions were deemed compensable, no additional compensation was awarded as all benefits had been previously settled.

shoulder15,342 words

Krausz v. Krausz Corporation(2009)

July 24, 2009

affirmed

The Commission affirmed the administrative law judge's award denying workers' compensation benefits despite finding the injury to be compensable under Missouri law. The employee sustained a severed foot while unpinning a crane on April 13, 2005, but no compensation was ultimately awarded in the case.

foot1,679 words

Heston v. Rock Hill Mechanical Corporation(2009)

July 23, 2009

affirmed

The Commission affirmed the administrative law judge's award of permanent total disability benefits for David Heston, who suffered a compensable back injury on August 15, 2002, when pinned between a truck and dolly while employed by Rock Hill Mechanical Corporation. The employee is entitled to lifetime permanent total disability benefits of $649.32 weekly beginning March 1, 2008, with credit for overpaid temporary disability compensation.

back6,857 words

Sater v. MTC Construction Inc.(2009)

July 23, 2009

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Geoffrey Sater for a compensable shoulder and back injury sustained while lifting a steel clamp at work. The claimant was awarded 129.6 weeks of permanent partial disability compensation totaling $50,419.58, with 30% permanent disability to the right shoulder and 15% to the thoracic back.

shoulder and back1,591 words

McMunn v. Complete Roofing, Inc.(2009)

July 21, 2009

affirmed

The Commission affirmed the administrative law judge's award of permanent total disability benefits for Billy Joe McMunn, who injured his low back while moving a ladder on April 11, 2003. The case involved a settled claim with Missouri Employer's Mutual and the Second Injury Fund bearing liability for permanent total disability compensation.

back9,299 words

Hager v. Syberg's Westport(2009)

July 21, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in this case. The Commission found the ALJ's award was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

258 words

Skinner v. Donnie W. Morgan d/b/a D & M Development, LLC(2009)

July 21, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Michael Skinner for injuries sustained when he fell from a roof truss on September 29, 2007. The claimant was awarded medical expenses of $254,708.20, temporary total disability benefits, and 15% permanent partial disability compensation.

head and neurological3,280 words

Shomaker v. Home Service Oil Company(2009)

July 21, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding that Melvin Shomaker's right shoulder injury sustained while dragging and pulling gasoline hoses for Home Service Oil Company was compensable. The award includes $20,568.29 in unpaid medical expenses, 48 weeks of temporary total disability benefits of $28,399.20, and future medical care, with the case remaining open for further orders.

shoulder2,739 words

Tracy v. Bilyeu Plumbing Inc.(2009)

July 17, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the February 17, 2009 award of the Administrative Law Judge allowing workers' compensation for employee Don Tracy. The Commission found the award was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

213 words

Portell v. GKN Aerospace(2009)

July 15, 2009

affirmed

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to the employee for a left knee degenerative condition. The claim was denied because the injury did not arise out of and in the course of employment.

knee10,864 words

Meyer-Linquist v. Shughart, Thomson & Kilroy(2009)

July 1, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Stephanie Meyer-Linquist, who developed right carpal tunnel syndrome and other injuries from repetitive keyboard work as a legal assistant. The employee was found to have a compensable occupational disease arising out of and in the course of her employment, with benefits awarded for temporary disability, medical expenses, and permanent partial disability.

carpal tunnel18,904 words

Jones v. Meramec Group, Inc.(2009)

July 1, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that the claimant's occupational disease affecting her left hand and thumb, sustained while inspecting and trimming shoe soles, was compensable under Missouri workers' compensation law. The award is temporary or partial in nature with future medical treatment ordered and proceedings kept open for final determination.

occupational disease6,479 words