Filtered Decisions
1,920 decisions matching filters
Doyle v. United Parcel Service(2008)
November 20, 2008
The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Michael Doyle's low back injury and hernia sustained while lifting a package at work on January 9, 2004. The claimant was awarded 52 weeks of permanent partial disability compensation plus permanent total disability benefits against the Second Injury Fund due to the combination of the primary injury and preexisting conditions.
Porter v. Johnson Controls, Inc.(2008)
November 20, 2008
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Kirk Porter for a repetitive strain injury to his right wrist and hand sustained on April 5, 2004, while employed by Johnson Controls, Inc. The employee was awarded 10% permanent partial disability of the right hand at the 175 week level plus unpaid medical expenses totaling $5,413.99.
Schroeder v. Hampton Envelope Company(2008)
November 19, 2008
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to the surviving spouse of William Schroeder, finding lack of subject matter jurisdiction for a claim for continuation of permanent total disability benefits following the employee's death on November 29, 2005. No compensation was awarded in this case.
Carter v. J.B. Hunt Transportation, Inc.(2008)
November 18, 2008
The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Roosevelt Carter for a repetitive trauma occupational disease injury to the lumbar spine sustained through repetitive bouncing of a truck with a damaged seat. The employee was found to have permanent total disability and is entitled to compensation for temporary disability, medical expenses totaling $82,486.57, and ongoing permanent total disability benefits.
Hanks v. Crawford County Road District #1(2008)
November 18, 2008
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to James Hanks for an alleged injury on September 1, 2002, finding that the injury did not arise out of and in the course of employment. No compensation was awarded in this case.
Spencer v. Sac Osage Electric Co-op, Inc.(2008)
November 13, 2008
The Labor and Industrial Relations Commission affirmed the administrative law judge's decision dated November 1, 2007, which awarded no compensation in this workers' compensation case. The Commission found that the award was supported by competent and substantial evidence and made in accordance with the Missouri Workers' Compensation Act.
Marsek v. SSM Health Care St. Louis(2008)
November 10, 2008
The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Joan Marsek for bilateral CMC joint arthritis and de Quervain's condition of the thumbs and wrists sustained in an October 23, 1998 work accident. One dissenting member argued the decision should be modified, contending the work accident was a substantial factor in causing the employee's symptoms, as she experienced no prior symptoms before the accident.
Carney v. Wal-Mart Associates, Inc.(2008)
November 10, 2008
The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits for Beverly Carney's alleged occupational disease (bilateral carpal tunnel syndrome) arising from her employment at Wal-Mart. The denial was upheld because the claimant failed to demonstrate that her employment was the prevailing or primary factor causing the condition, and under strict statutory construction, the Missouri Workers' Compensation Law does not provide benefits for occupational diseases.
Hosick v. Little Tykes Commercial Play Systems, Inc.(2008)
November 4, 2008#03-115266
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Damon B. Hosick for an alleged right shoulder injury allegedly caused by continuous lifting of heavy pipes and metal parts from June 2000 to July 31, 2003. The Commission found that the injury did not arise out of and in the course of employment under Chapter 287 and was therefore not compensable.
Hosick v. Little Tykes Commercial Play Systems, Inc.(2008)
November 4, 2008#03-088603
The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying compensation for injury No. 03-088603, finding that the employee's wrist injury from pulling a heavy mold did not arise out of and in the course of employment. The Commission determined the award was supported by competent and substantial evidence and was made in accordance with the Missouri Workers' Compensation Act.
Hosick v. Little Tykes Commercial Play Systems, Inc.(2008)
November 4, 2008#03-024741
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for a right wrist injury (case 03-024741) sustained on March 10, 2003, while the employee was emptying water from a parts washer. The Commission found the injury compensable and arose out of and in the course of employment, while denying a second claim (03-088603) filed for the same body part on July 22, 2003.
Rufer v. Monett Metals, Inc.(2008)
October 31, 2008
The Commission affirmed the Administrative Law Judge's award finding that employee Greg Rufer's Wegener's granulomatosis, caused by workplace exposure to sand and silicon, was a compensable occupational disease. The award includes unpaid medical expenses of $265,133.18 and 85 weeks of temporary total disability compensation, with the case kept open for further proceedings and final award.
Long v. Monroe Manor Nursing Home(2008)
October 31, 2008
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding the employee's left shoulder injury compensable under Missouri workers' compensation law. The injury occurred on July 6, 2007, when the employee tripped and fell while going to get a lift at the nursing home; this is a temporary or partial award with final compensation to be determined later.
Canoy v. Crown Reinforcing & K Bates(2008)
October 31, 2008
The Commission affirmed the administrative law judge's decision awarding no compensation in this workers' compensation case involving a steel worker's carpal tunnel syndrome claim. Although the injury was found to be compensable and arose out of employment, no benefits were awarded, with the Second Injury Fund liability remaining open.
Bass v. Webco Manor(2008)
October 22, 2008
The Labor and Industrial Relations Commission affirmed the administrative law judge's temporary or partial award finding that Frances Bass sustained a compensable occupational disease injury on May 6, 2006, while moving a bucket containing mop water at Webco Manor in Webster County, Missouri. The case was kept open for further proceedings to determine a final award.
Vincent v. Barton Lumber(2008)
October 22, 2008
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Ray Vincent for a compensable injury sustained on November 14, 2000, while lifting roofing materials. The Commission made a minor modification to clarify that the settlement hearing was held on September 9, 2004, rather than November 9, 2004.
McDonald v. Ever Ready Electric & Service(2008)
October 17, 2008
The Commission affirmed the administrative law judge's denial of the employee's workers' compensation claim, finding that he failed to meet his burden of proof on the issues of accident and medical causation. The Commission modified the award to correct a factual error regarding witness availability but upheld the ultimate conclusion that the claim was not compensable.
Crumpler v. Wal-Mart Associates, Inc.(2008)
October 17, 2008
The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Vannessa Crumpler for a diabetic seizure suffered while working at a Wal-Mart deli counter. The court found that the injury did not arise out of and in the course of employment and was therefore not compensable under Missouri workers' compensation law.
Carpio v. Chataqua Airlines(2008)
October 17, 2008
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Serafin Carpio for injuries sustained in an assault by a co-employee on February 23, 2005. The claimant was awarded $12,587.20 in total compensation, including unpaid medical expenses and permanent partial disability benefits representing 7.5% disability of the body as a whole.
Boone v. Chrysler Corporation(2008)
October 17, 2008#98-165895
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to Eleanor Boone for an alleged occupational injury on October 1, 1998. The Commission found that no accident or occupational disease arising out of and in the course of employment was established, resulting in zero compensation awarded.
Boone v. Daimler Chrysler Corporation(2008)
October 17, 2008#97-475042
The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying all workers' compensation benefits to Eleanor Boone for an alleged injury on September 1, 1997. The Commission found that no accident or occupational disease occurred arising out of and in the course of employment, resulting in no compensation awarded.
Boone v. Daimler Chrysler Corporation(2008)
October 17, 2008#97-475032
The LIRC affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to Eleanor Boone for an alleged injury on May 1, 1997, finding that no compensable accident or occupational disease occurred. The claim was denied because the injury was determined not to have arisen out of and in the course of employment, and no benefits were awarded.
Busby v. D. C. Cycle Ltd.(2008)
October 9, 2008
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Larry Busby for a knee injury (leg fracture) sustained on July 3, 1997 while working on a motorcycle at D. C. Cycle Ltd. The employee was awarded compensation for temporary disability, permanent partial disability at 45% of the right lower extremity, and unpaid medical expenses totaling $14,465.20.
Parker v. Alston Power Integrated, Incorporated(2008)
October 9, 2008#01-037858
The LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits for a left knee injury claimed to have resulted from work accidents on April 20, 2001, and December 6, 2001. A dissenting opinion argued the employee's left knee injuries were medically causally related to the work accidents and should have been compensated.
Tyree v. Jefferson Smurfit Corporation(2008)
October 1, 2008
The LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits, finding that the alleged occupational disease from repetitive motion did not arise out of or occur in the course of employment. The employee was awarded no compensation, temporary disability benefits, permanent disability benefits, or necessary medical aid.