Filtered workers' comp decisions

The Commission affirmed the administrative law judge's award of workers' compensation benefits to James R. Myers for a right elbow injury sustained on April 13, 2001, while moving furniture. The employee received temporary disability benefits of $64,900.29 and was awarded 5% permanent partial disability to the right elbow totaling $3,299.73.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to employee Jamey Blackerby for a back injury sustained on August 4, 2005, when a coworker dropped a beam during a lifting operation. The claimant was determined to have permanent and total disability with compensation for unpaid medical expenses and temporary total disability benefits.

The Missouri LIRC affirmed the administrative law judge's award finding that employee Michael Eye contracted an occupational disease affecting his hands and upper extremities from his work as a team leader. A dissenting opinion argued the employee failed to establish sufficient workplace exposure through competent evidence to support the occupational disease claim.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Robert Hampson for a work-related back injury to the lumbar spine sustained on June 19, 2002, when he was struck by a pickup truck while assisting a coworker. The employee was awarded $79,060.80 representing 60% permanent partial disability of the body as a whole referable to the lumbar spine.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Geneva Sellers for occupational disease (cubital and carpal tunnel syndrome) sustained on May 19, 2003, while performing job duties. The claimant was awarded permanent partial disability benefits, unpaid medical expenses of $18,150.80, and temporary disability compensation.

The Commission affirmed the Administrative Law Judge's award finding the employee permanently and totally disabled from a work-related back condition sustained on November 3, 2000. The Commission denied the employee's request for reimbursement of past medical expenses from unauthorized treatment, finding the treatment was not medically necessary to cure and relieve the effects of the work injury.

The Commission affirmed the Administrative Law Judge's award of temporary or partial workers' compensation benefits for Douglas Rector's work-related injury to both wrists and hands sustained on May 31, 2004. The award provides for future medical care and remains subject to modification as the case continues toward a final determination.

The Commission affirmed the Administrative Law Judge's award denying compensation in this workers' compensation case involving a low back injury from a slip and fall accident on July 12, 2004. Although the injury was found to be compensable and arose out of employment, no permanent disability was determined, resulting in no compensation being awarded despite temporary disability payments already made.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Patricia Palmer for a left knee injury sustained on July 22, 1999, when she tripped and fell while walking into work at St. Anthony's Medical Center. The employee was awarded permanent partial disability benefits against the employer and permanent total disability benefits against the Second Injury Fund due to the combination of the primary injury and a preexisting condition.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for an occupational disease claim. The employee sustained a 15% permanent partial disability in both hands and wrists from repetitive use of hands and wrists performing job duties, with the Commission finding the award supported by competent and substantial evidence.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for John R. Wheeler's back injury sustained while lifting a boat hull on August 7, 2001. The claimant was awarded 30 percent permanent partial disability to the body as a whole and temporary total disability compensation of 45 3/7 weeks.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Gregory Silva for a claim of workplace stress injuries. The Commission found that the alleged injury did not arise out of and in the course of employment, and therefore was not compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Robert Davinroy, a dockworker who claimed a repetitive strain injury to his right knee. The Commission found that the alleged injury did not arise out of and in the course of employment under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying compensation to William Clark for occupational hearing loss of his left ear, finding the Second Injury Fund not liable. The dissenting opinion argued the decision conflicted with Supreme Court precedent on synergistic disability claims combining preexisting wrist disability with the work-related hearing loss.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Andrew Sutton for a left ring finger injury sustained on September 22, 2004 while raking gravel. The Commission approved compensation totaling $32,629.29 including unpaid medical expenses of $25,754.29, temporary disability, permanent partial disability, and disfigurement benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Gerald Gordon for a work-related shoulder injury on October 21, 2005. The Commission found that Gordon failed to prove his work accident was the prevailing factor in causing his massive rotator cuff tear requiring surgery, given his prior 1993 rotator cuff repair history.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Robert Church for a cervical spine injury sustained on May 9, 2002, when he fell forward while carrying an oxygen welding tank on his back. The employee was awarded 30% permanent disability benefits, with the Second Injury Fund liable for 30.75 weeks of compensation totaling $10,129.67.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Jerri Courtney for a low back injury sustained on September 20, 2005, while performing a four-man patient lift at Skaggs Community Hospital. The employee was awarded $29,910.35 in total compensation including unpaid medical expenses, temporary disability benefits, and permanent partial disability benefits for 15 percent body as a whole disability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Jim Faulkner for injuries allegedly sustained in an automobile accident on July 19, 1997. The Commission found that the accident did not arise out of and in the course of employment, rendering the claim non-compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Diane Nyberg for a back and coccyx injury sustained on April 1, 2001, when she slipped on a foreign substance on an assembly line floor at Ford Motor Company's Claycomo facility. The Commission found the employee permanently and totally disabled and awarded ongoing permanent total disability benefits beginning February 15, 2003.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Ricki E. Ross for a left knee injury sustained on May 3, 2004, when he slipped on tire shine and fell at work. The employee was found to be permanently and totally disabled as a result of the injuries, with compensation and medical expenses approved.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Glennda Taylor (deceased), whose surviving spouse Marvin Taylor is the claimant, for a low back injury sustained while driving a school bus on December 19, 2003. The employee was found to have permanent total disability beginning January 29, 2004, with compensation payable at $210.85 per week plus unpaid medical expenses of $49,400.37.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits for an occupational disease affecting the brain and inner ear sustained on July 30, 2000. The employee was awarded permanent total disability compensation of $202.54 per week for life, effective July 6, 2004, along with future medical benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Brenda K. Boyer for a work-related injury to her bilateral wrists and hands caused by repetitive hand motions. The claimant was awarded permanent partial disability compensation of $27,261.85 with a 20% bilateral upper extremity rating, with the Second Injury Fund liable for a portion of weekly differential benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to James Nelson for a back and left hip injury sustained on June 11, 2003, while hauling a military load of ordinance. The Commission awarded permanent total disability benefits of $300.81 per week for the claimant's lifetime, along with future medical benefits.