OTT LAW

Filtered Decisions

1,920 decisions matching filters

Boller v. Citizens Memorial Healthcare Foundation(2009)

January 23, 2009

affirmed

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to Teresa Boller for a back injury sustained while lifting a patient on September 3, 2003. The claimant is entitled to weekly compensation of $226.06 beginning March 8, 2006, for her lifetime.

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Rector v. Gary's Heating & Cooling(2009)

January 23, 2009

affirmed

The Division of Workers' Compensation affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Jason Rector for a back injury sustained on September 24, 2004, while employed at Gary's Heating & Cooling. The claimant was awarded permanent partial disability compensation of 65% of body (260 weeks × $354.05 = $92,053.00) plus future medical benefits.

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Steed v. Air-Serve Group, Inc.(2009)

January 17, 2009

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation benefits to David Steed for injuries sustained in a vehicular accident on January 6, 2005, while employed as a service coordinator. The employee was awarded compensation for temporary total disability, medical expenses, and benefits related to multiple fractures and back strain.

multiple fractures and back strain10,127 words

Burnfin v. J & J Drive Away, Inc.(2009)

January 16, 2009

affirmed

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to William Burnfin for a back injury sustained while removing a truck tire on March 2, 2005. The employee was awarded 56 weeks of permanent partial disability compensation at $354.05 per week, plus unpaid medical expenses totaling $20,858.95, with 14% permanent disability to the body as a whole.

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Storie v. American Systems, Inc. d/b/a Southbrook Skilled Nursing Center(2009)

January 16, 2009

affirmed

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Wanda Storie for an automobile accident that occurred while driving home from work on June 12, 2003. The accident did not arise out of and in the course of employment, and therefore no compensation was awarded.

17,250 words

Chokota v. Independent Photo Art Supply(2009)

January 16, 2009

affirmed

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Paul Chokota for an injury sustained on December 17, 2004. The court found that the injury did not arise out of and in the course of employment, as the claimant was involved in a car accident while traveling home from a Christmas party.

2,390 words

Fischer v. Schultz Electric, Inc.(2009)

January 14, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Thomas James Fischer for a back injury sustained on June 1, 2004, while moving heavy machinery at Schultz Electric, Inc. The claimant was found to be permanently and totally disabled, with compensation awarded for temporary disability, permanent disability, and necessary medical expenses.

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Harder v. Burlington Coat Factory(2009)

January 5, 2009

affirmed

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Judy A. Harder's left shoulder injury sustained on April 7, 2005, while unloading merchandise at Burlington Coat Factory. The Second Injury Fund was held liable for 50 weeks of permanent partial disability benefits totaling $11,511.50 for 25% permanent disability of the left upper extremity.

shoulder5,882 words

Hulsey v. Shop N Save(2009)

January 5, 2009

affirmed

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Fred Hulsey for an alleged hernia injury sustained on March 30, 2003, finding that the injury did not arise out of and in the course of employment. No compensation was awarded in this case.

hernia2,531 words

McMahon v. Engineered Air Systems, Inc.(2009)

January 5, 2009

affirmed

The LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Robert McMahon for an alleged repetitive trauma injury to his back occurring on March 1, 1997. 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.

occupational disease2,686 words

Scott v. FedEx Freight East, Inc.(2009)

January 5, 2009#03-042483

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Joseph H. Scott for an alleged lumbar spine injury sustained on May 8, 2003, while attempting to lift a dolly tongue to attach a trailer. The Commission found that the injury did not arise out of and in the course of employment, and therefore no compensable injury occurred under Missouri law.

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DeShaney v. MEMC Electronic Materials, Inc.(2008)

December 30, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Donna DeShaney for a left shoulder injury sustained in April 1998 when a rack slipped during her routine job duties at MEMC Electronic Materials, Inc. The case involved permanent total disability against the Second Injury Fund with a weekly compensation rate of $240.00.

shoulder77,342 words

Bennett v. Noranda Aluminum(2008)

December 22, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Michael Bennett for injuries sustained in a 15-20 foot fall onto a concrete floor on March 4, 2003. The employee was awarded 35% permanent partial disability of the body as a whole and permanent total disability benefits, along with temporary total disability compensation and medical aid reimbursement.

fall24,233 words

Salamone v. Commercial Coatings System, Inc.(2008)

December 22, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Steve M. Salamone for an injury sustained on October 3, 2000. The Commission found the award was supported by competent and substantial evidence and in accordance with the Missouri Workers' Compensation Act.

299 words

Crigger v. Charles Kerns D/B/A Kerns Construction(2008)

December 10, 2008

affirmed

The Commission affirmed the administrative law judge's decision awarding no workers' compensation benefits to Mike Crigger. The injury was found not to have arisen out of and in the course of employment because the employee was using a cutting torch on his personal vehicle when a fire started, rather than performing work for his employer.

burn3,423 words

Ellis v. Brad and Laura Erwin, d/b/a Tri-State Medical Enterprises, Inc. and/or Erwin Medical Supplies and Uniforms(2008)

December 10, 2008

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Patsy Ellis for injuries sustained in a motor vehicle accident on December 10, 2004, while employed. The award includes unpaid medical expenses of $165,459.99, 121 weeks of temporary disability, 244 weeks of permanent partial disability, and future medical benefits.

motor vehicle accident6,664 words

Vance v. The Laker Company(2008)

December 10, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding the employee's bilateral hand injury from March 25, 2005 to be a compensable occupational disease arising out of and in the course of employment. The Commission issued a temporary or partial award with a weekly compensation rate of $155.37 and continued proceedings for final determination.

occupational disease2,079 words

Young v. Stoam Industries, LLC(2008)

December 10, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding the employee's injury to the face and head sustained while assembling a tree house on August 29, 2007, to be compensable under Missouri workers' compensation law. The Commission awarded unpaid medical expenses of $33,561.00, 10 weeks of temporary disability compensation at $400.00 per week, and ordered additional medical care, with the case remaining open for final determination.

head8,856 words

Haynes v. American Construction and Energy(2008)

December 3, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award in this workers' compensation case for a lower back injury sustained on September 4, 1996, when the employee was moving a bundle of slab doors. The injury was found to be compensable under Missouri law, with medical expenses already provided and no permanent disability determined.

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Brown v. Ameristar Casino(2008)

November 26, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Arthur Brown for an alleged back injury sustained while pushing a cart onto an elevator. The Commission found the injury did not arise out of and in the course of employment under Missouri workers' compensation law.

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Anderson v. Veracity Research Co.(2008)

November 26, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to the dependents of Travis Anderson, who died in a fatal automobile accident on July 19, 2003. The Commission found that the accident did not arise out of and in the course of employment, making it non-compensable under Missouri workers' compensation law.

occupational disease6,155 words

Gant v. US Foodservice, Inc.(2008)

November 26, 2008

affirmed

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to the dependents of Timothy J. Gant, who died following a work-related slip and fall on ice on December 3, 2003. Although the accident arose out of and in the course of employment, no compensation was awarded as the injury was determined to be non-compensable under Missouri law.

shoulder7,486 words

Tinnin v. Daimler Chrysler(2008)

November 26, 2008#05-017768

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for employee Nolan Tinnin for an occupational disease involving repetitive work activity affecting his cervical and lumbar spine, with 12.5% permanent partial disability awarded. The case involved the Second Injury Fund and was settled with the self-insured employer.

occupational disease4,162 words

Skidmore v. Gilster Mary Lee Corporation(2008)

November 26, 2008

affirmed

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Arthur Skidmore for an injury sustained on July 22, 2005, at Gilster Mary Lee Corporation. Although an accident occurred when the employee pulled a pin to release a trailer, it was determined not to constitute a compensable injury under Missouri law.

10,345 words

Sheets v. Power Maintenance & Constructors(2008)

November 25, 2008

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Jerry Sheets for a low back injury sustained on May 2, 2005, when he fell while walking across ductwork while carrying equipment. The claimant was awarded permanent partial disability benefits of 37-1/2% for the body as a whole, with additional permanent total disability benefits payable by the Second Injury Fund.

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