Filtered Decisions

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for a back injury sustained on February 2, 2004. One member dissented, arguing the employee should have been awarded permanent total disability benefits based on medical causation of subsequent surgeries and stenosis diagnosed in 2005.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent partial disability benefits for Michael Huller's compensable May 6, 2004 work-related spine injury requiring surgical fusion and fixation. A dissenting opinion argued that future medical benefits should also be awarded based on the reasonable probability of continued treatment needs following the spinal surgery.

The Missouri Court of Appeals reversed the Commission's April 2008 award, and upon remand, the Commission affirmed the administrative law judge's October 2007 decision awarding Roger Bock 7.5% permanent partial disability of the right lower extremity resulting from a July 28, 2005 work-related injury caused by a fallen pipe. The Commission determined that lay testimony was sufficient to establish the extent of disability without requiring expert testimony in this case.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of permanent partial disability benefits for Carol Landers' compensable September 15, 2002 work-related injury. A dissenting opinion argued for permanent total disability benefits based on vocational expert testimony that the employee was unemployable in the open labor market due to pain and inability to perform any level of work.

The Commission affirmed the administrative law judge's award finding that the employee's ankle sprain injury arose out of and in the course of employment when her ankle rolled while descending a work step. A dissenting opinion argued the injury should not be compensable as the hazard of descending stairs was not unique to employment.

The Missouri LIRC reversed the administrative law judge's prior denial and awarded benefits to Ronald Kliethermes for heart arrhythmias (atrial fibrillation and atrial flutter) worsened by an on-the-job electrical shock. The court found that the employee established a substantial causal connection between the electrical shock and the need for pacemaker implantation, constituting a compensable change in pathology.

The Missouri Court of Appeals reversed the Commission's denial of future medical benefits, and the Commission affirmed the administrative law judge's award granting future medical treatment for the employee's work-related knee injury. The employee was awarded $13,882.00 in permanent partial disability compensation (25% disability) plus open medical benefits for ongoing treatment as needed.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to parts salesman Chris Rigney for an alleged thoracic spine injury sustained on January 7, 2006. 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 Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Joy D. Stewart, finding that her alleged injury did not arise out of and in the course of employment. The Commission determined that the claimed emotional and physical injuries were not compensable under Missouri workers' compensation law.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for an employee's alleged lower back injury from slipping on a wet surface at work. The claim against the Second Injury Fund was denied, and no compensation was awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding that the employee's bilateral upper extremity injury from repetitive use was a compensable occupational disease arising out of and in the course of employment. The award is temporary/partial with future medical treatment to be provided by the employer, and the case remains open pending final determination.

The Commission affirmed the Administrative Law Judge's final award denying compensation in this fatal workers' compensation case involving employee Benjamin Vice who was killed while driving a truck on August 19, 2005. Although the injury was found to be compensable and arose out of employment, no benefits were awarded, with the dependent (mother Stacey Kohl) receiving no compensation.

The Commission affirmed the administrative law judge's award of workers' compensation to Sabrina L. Fisher for bilateral carpal tunnel syndrome sustained during her employment at Bristol Care, Inc. One commissioner filed a concurring dissent arguing the permanent partial disability percentage should be increased from 8% to 20% for the right wrist and 10% for the left wrist with a load factor.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Mary Ann Barker in injury case 99-077753. The Commission found the award was supported by competent and substantial evidence and complied with the Missouri Workers' Compensation Act.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for William Cochran's occupational disease resulting from repetitive use of bilateral upper extremities, finding 20% permanent disability to the body as a whole. The award included permanent partial disability benefits and medical expenses totaling $43,054.56, with ongoing medical care authorized.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for Mark Harvath's work-related neck and left upper extremity injury sustained on October 15, 2007, while driving a truck for United Parcel Service. The award is temporary or partial, covering unpaid medical expenses of $3,962.00 with future medical care and temporary total disability benefits to be determined, with the case kept open for final determination.

The Commission affirmed the administrative law judge's award finding that employee JoAnn Cooper's fall while exiting an elevator on October 30, 2007 was a compensable work injury. The award provides for $7,993.62 in unpaid medical expenses and $600.00 in temporary disability compensation, with the case remaining open for final award.

The Commission affirmed the administrative law judge's award of workers' compensation to employee Charles Goodson for a head injury caused by a falling tree, rejecting arguments to pierce the LLC veil and denying the Second Injury Fund a credit against liability. The decision upheld that the employer's failure to maintain workers' compensation insurance did not proximately cause the work-related injury itself.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Lisa Marcinkiewicz for carpal tunnel syndrome developed while performing clerical work. The employee was awarded 65.35 weeks of permanent partial disability compensation at a rate of $89.74 per week, with 17.5% disability rating for each wrist.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Billy J. Castile for a broken right ankle sustained when he fell off scaffolding on August 19, 2003. The employee was awarded $30,024.86 in permanent partial disability compensation at 64% for his right ankle, along with medical expenses and temporary total disability payments already made.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in a case involving Carl Cantrell's fall on a dock on December 11, 2006, which resulted in injury to his left upper extremity. Although the injury was deemed compensable and arose out of employment, no compensation was awarded in the final decision.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Douglas Kotraba's low back injury sustained on February 2, 2004, while moving a compressor. The claimant was awarded permanent total disability benefits, with the Second Injury Fund liable for lifetime weekly compensation of $603.33 after an initial 120-week differential period.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits in a case involving a phlebotomist who suffered mental injury from blood splashing in her eyes and mouth during work on July 16, 2001. The case was settled between the employer and insurer with no liability assigned to the Second Injury Fund.

The Commission affirmed the Administrative Law Judge's decision awarding no compensation in case 05-049495 but awarding benefits in case 05-142896 for a left ankle injury sustained while assisting a patient on December 13, 2005. The employee received $775.00 in medical bills and $2,524.25 for permanent partial disability (7.5% ankle at 155 week level) in the compensable case.

The Commission affirmed the administrative law judge's award allowing workers' compensation for an employee who turned her ankle while wearing clogs at work on September 23, 2006. A dissenting opinion argued the injury did not arise out of employment because the employee voluntarily chose to wear the clogs, which were not required by the employer.