Filtered workers' comp decisions

The Commission affirmed the Administrative Law Judge's award denying all workers' compensation benefits, finding that the employee's alleged carpal tunnel syndrome from loading and unloading portable toilets was not a compensable injury under Missouri workers' compensation law. No compensation, medical benefits, or Second Injury Fund liability were awarded.

The Missouri Court of Appeals affirmed the Labor and Industrial Relations Commission's dismissal of the employee's motion to enforce a permanent total disability award against the Second Injury Fund. The Commission was remanded to issue a complete and clear award specifying from whom the employee is entitled to recover all permanent total disability benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Betty Hauser-Rapp for an alleged injury on July 21, 2006. The Commission found the award was supported by competent and substantial evidence and made in accordance with the Missouri Workers' Compensation Act.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding the employee's work-related injury to the neck, left shoulder, and left upper extremity compensable under Missouri Workers' Compensation Act. The decision awards temporary total disability benefits and medical aid, with the case remaining open for final determination.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for an employee who fell off a ladder and sustained a right knee injury on September 17, 2002. The award totaled $51,025.88, including medical benefits, temporary total disability, and permanent partial disability compensation of 45%.

The Commission affirmed the Administrative Law Judge's award of workers' compensation to Debbie Maher for a compensable occupational disease of the hands and wrists caused by repetitive typing/keyboarding in awkward positions. The employee was awarded $18,931.66 in permanent partial disability compensation for 17.5% left wrist, 15% right wrist, 10% multiplicity, and two weeks disfigurement.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award regarding liability in this workers' compensation case. The award is temporary or partial in nature, with proceedings remaining open for final determination.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Richard Walters for a fall into a wall on October 27, 2000. Although the injury was determined to be work-related and compensable, no benefits were awarded in this settled case.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Dennis Schneider for injuries sustained in a slip and fall on a conveyor belt on September 20, 2002. The employee was awarded permanent partial disability compensation totaling multiple percentages across bilateral upper extremities and thoracic/chest strain, with temporary disability benefits of $59,366.40 and medical aid of $73,764.20 already paid.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Ronald Clark for injuries sustained when he fell from a 26-foot ladder while performing electrical work on May 22, 2001. The claimant's injuries to his right leg, back, hip, left leg, head, and psyche, including Complex Regional Pain Syndrome and soft tissue injuries, were found to be compensable occupational injuries arising out of and in the course of his employment.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to Dennis Pape for an injury occurring on May 2, 2005 at a collision center in St. Louis County. The majority found that the employee failed to meet his burden of proof that the injury arose out of and in the course of his employment, though a dissenting opinion argued the decision should be reversed based on the personal comfort doctrine.

The Missouri Court of Appeals reversed a portion of the LIRC's February 2007 Final Award regarding future medical care, remanding the matter back to the Commission. On remand, the Commission affirmed the administrative law judge's denial of the employee's request for future medical care.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that Mary Mezo sustained a compensable occupational disease injury to her bilateral hands and wrists from repetitive motion work on September 3, 2004. This temporary or partial award establishes a weekly compensation rate of $195.96 for temporary total disability/permanent partial disability, with the case remaining open for further proceedings and final determination.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Tresha Smith for permanent total disability resulting from repetitive use of power tools on an assembly line. The award includes unpaid medical expenses, temporary total disability benefits, disfigurement compensation, and lifetime permanent total disability benefits.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Petty Cheung for a right shoulder, collarbone, and neck injury sustained on October 25, 2004, while employed at Hong Kong Tea House Incorporated. The injury resulted from repetitive lifting and carrying trays and was determined to be compensable with 28% permanent partial disability to the body as a whole.

The Missouri Court of Appeals reversed the initial LIRC decision and remanded the case, directing the Commission to award permanent total disability benefits to employee Debra Highley for bilateral carpal tunnel syndrome combined with multiple pre-existing conditions. The Commission issued this final award granting permanent total disability compensation against the Second Injury Fund at a rate of $504.75 weekly, finding the employee unable to sustain work in the open labor market.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to employee Joe Rigdon for an alleged April 9, 2004 injury while operating a front-end loader. The court found that Rigdon failed to prove the accident arose out of and in the course of his employment, resulting in no compensation awarded.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award in this workers' compensation case for employee Robert Turner. The Commission found the award was supported by competent and substantial evidence and made in accordance with the Missouri Workers' Compensation Act.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Ruth Atkins for a wrist injury sustained on April 7, 2005, finding the decision supported by competent and substantial evidence. A dissenting opinion argued the judge erred in disregarding uncontradicted vocational expert testimony regarding the employee's permanent total disability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to school bus driver Tina Ball-Sawyers for cumulative trauma to her lumbar spine sustained on February 24, 2001. The claimant was awarded permanent and total disability benefits along with compensation for temporary total disability and unpaid medical expenses totaling over $236,000.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for the fatal injuries sustained by Paul Robey, a deceased employee, who died from head injuries suffered in a motor vehicle accident on June 22, 2001 while driving a truck for his employer. Compensation awarded totaled $72,460.31, including medical expenses, temporary total disability, and funeral expenses, with the Second Injury Fund claim denied.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation to Rosemary Bivens for a right knee injury sustained in a fall at St. Alexus Hospital on May 20, 2004. The claimant was awarded compensation for temporary total disability and permanent partial disability of 50% to the right knee, with medical expenses covered by the insurer.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to a physical education teacher for varicose veins claimed as an occupational disease. The dissenting opinion argues the employee failed to prove the condition was an occupational disease rather than an ordinary disease of life, citing the employee's delayed claim filing and active lifestyle both at work and outside of work.

The Commission affirmed the administrative law judge's award finding that the employee had a pre-existing 15% permanent partial disability of the right knee that met the statutory threshold under section 287.220 RSMo. The Second Injury Fund was held liable for 7.35 weeks of permanent partial disability benefits, with an additional 20% permanent partial disability attributed to work-related aggravation from the October 19, 2004 accident.