Filtered Decisions

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent and total disability benefits to Sandra Mazzocco for a compensable occupational disease that occurred on January 10, 2000, while employed by the Department of Elementary and Secondary Education. The employee is entitled to weekly compensation of $578.48 beginning December 27, 2005, with medical expenses totaling $302,706.07 already paid by the insurer.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Eleanora Breese for bilateral carpal tunnel syndrome developed from repetitive data entry work. The claimant received permanent partial disability settlement and permanent total disability benefits from the Second Injury Fund beginning May 11, 2006.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Larry Burnam for a low back injury sustained on June 11, 2008, while performing maintenance work on an MRI chiller unit. The employee was awarded permanent partial disability benefits, temporary total disability benefits, and reimbursement for medical expenses totaling over $53,000.

The Commission affirmed the Administrative Law Judge's denial of the employee's claim for permanent partial or permanent total disability benefits from the Second Injury Fund. The employee failed to meet his burden of proving sufficient credible evidence of preexisting conditions that would constitute a hindrance to employment at the time of the primary work injury.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent partial disability benefits from the Second Injury Fund, rejecting the employee's argument that he was permanently and totally disabled. The Commission found the vocational expert's testimony unpersuasive and concluded that the employee was capable of performing substantial gainful employment.

The Commission affirmed the Administrative Law Judge's award of permanent partial disability benefits from the Second Injury Fund, rejecting the employee's appeal for permanent total disability benefits. The court found that while the employee is permanently and totally disabled, he failed to prove that his total disability resulted solely from the work-related injury combined with preexisting conditions, as subsequent injuries and conditions could not be attributed to the May 8, 2000 work injury.

The Missouri LIRC affirmed the administrative law judge's award allowing workers' compensation benefits to Jon David Barnhill for injuries sustained in a 1996 motorcycle accident while employed by Allied Kansas City. The Commission issued supplemental affirmative findings of fact to address the Second Injury Fund's challenge regarding permanent total disability benefit liability.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Connie D. Miles for a work-related left knee injury, finding the award supported by competent and substantial evidence. The decision addresses the liability of the Second Injury Fund for permanent partial disability benefits, with the employee having suffered left knee injuries in 1993 and 1996 prior to the primary injury at issue.

The Commission affirmed the administrative law judge's award of permanent total disability benefits to David Robben from the Second Injury Fund, finding that his disability resulted from a combination of his primary 2004 low back injury and preexisting 2002 low back injury and surgery. The Commission rejected the Second Injury Fund's argument that the disability stemmed solely from the primary injury, finding credible evidence that Robben's need to rest in a recumbent position during the day renders him unable to compete in the open labor market.

Employee Glenda Hunter slipped and fell on ice in the employer's parking lot while returning from a smoke break on February 28, 2013, suffering injuries to her right lower extremity and back. The Division of Workers' Compensation awarded temporary benefits for medical treatment including MRI scans, pain management, physical therapy, and psychological evaluation, finding the injury compensable as arising out of and in the course of employment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award and decision dated August 20, 2013, finding the liability determination was supported by competent and substantial evidence and made in accordance with Missouri Workers' Compensation Law. The award is temporary or partial, with proceedings kept open for further determination pending a final award.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Larry Voidanoff's work-related injury to his right lower extremity sustained on May 19, 2005, when his shoe caught in a ladder grate while stocking shelves. The employee was awarded 75% permanent partial disability and permanent total disability benefits of $200.00 per week for life, with the Second Injury Fund assessed for liability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's temporary award of workers' compensation benefits to Alan Mortimer for a compensable occupational injury consisting of mild right carpal tunnel syndrome and early cubital tunnel syndrome caused by repetitive assembly work. The Commission found that objective medical evidence, including EMG testing and authorized medical treatment records, supported the finding that the employee sustained a compensable overuse injury requiring additional medical care.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Dennis F. Schenk for a left shoulder injury sustained in a fall from his truck on September 24, 2009. The employee was found to have suffered 50% permanent partial disability of the left shoulder, with compensation awarded for temporary total disability and medical expenses.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Mary K. Meyer's fall injury sustained on January 22, 2007, at Delmonico's in Cape Girardeau County, Missouri. The employee settled her claim for 25% permanent partial disability of the left hip and 15% permanent partial disability of the left knee, with the Second Injury Fund as an additional party to the case.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Sheri Hill-Wurtz for an alleged back injury that occurred on February 24 or March 3, 2001. The injury was found not to be compensable as it did not arise out of and in the course of employment, and no benefits were awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits for Steven Crossley's right knee injury sustained in a slip and fall accident on July 9, 2010. The claimant was awarded compensation for unpaid medical expenses, temporary total disability, and permanent partial disability of 35% of the right knee.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Laveta J. Van Norman for injuries to her left knee and low back sustained in a workplace fall on December 27, 2009. The claimant was awarded compensation for permanent disability of 25% to the left knee and 12.5% to the body as a whole referable to the low back, with the Second Injury Fund liable for $6,325.60 in benefits.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Ronald Herbert's low back disc injury sustained while driving steel posts into the ground on October 28, 2008. The claimant was awarded 50% permanent partial disability to the low back, with temporary disability compensation of $37,252.87 already paid and permanent total disability benefits from the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Mary Riegel for a right knee injury sustained on May 5, 2010, arising out of her employment. The claimant was awarded 15% permanent partial disability compensation for the right knee in the amount of $8,343.60, with the Second Injury Fund liable for a portion of the award.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for two occupational injuries sustained by Paul J. Kist on March 18, 1999 (back injury) and July 8, 2000 (neck injury) while employed at Mississippi Lime Company. The employee settled for 60% permanent partial disability of the body as a whole for the lumbar spine injury and 10% permanent partial disability of the body as a whole for the cervical spine injury.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits, finding that the employee failed to meet his burden of proof regarding medical causation. The Commission determined that the employee's expert medical opinion lacked persuasive value due to insufficient information about work duties and other relevant factors.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of temporary total disability benefits and medical treatment for an employee who sustained a cervical disc herniation on December 9, 2011. The Commission found the employee's testimony regarding the accident and her injury credible, supported by medical records showing a herniated disc at C5-6 that was not present in prior imaging.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Eric Gillespey for a head injury sustained on June 20, 2003, when he was struck by a van door. The claimant was awarded $31,444.11 in total compensation, including unpaid medical expenses, temporary disability benefits, and permanent partial disability benefits of 20% PPD.

The Missouri Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Craig Wingbermuehle's compensable occupational disease injury occurring on September 16, 2010. The case involved the City of St. Louis as employer and the Second Injury Fund, with all parties having settled.