Filtered workers' comp decisions

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Elizabeth Leach for injuries sustained from a fall on a floor mat at Wal-Mart on December 21, 2003. The employee was awarded compensation for permanent partial disability of 10% to the left wrist and 5% to the right knee, plus unpaid medical expenses of $25.00.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Neil Schaffer for an alleged work-related stress injury occurring on May 2, 2002. 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.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation to Virginia Stephens for a work-related injury sustained on November 24, 1999. One dissenting member argued the decision should be modified to increase the permanent partial disability award from 15% to 40% and to include past medical expenses for a corpectomy procedure.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for William Bea's lower back injury sustained on November 26, 2001, while reaching to pick up materials at work. The Commission approved permanent total disability benefits of $409.33 per week along with medical compensation and temporary disability payments totaling $77,652.33.

The Commission affirmed the Administrative Law Judge's award on a medical fee dispute, finding St. Francis Medical Center's charges of $57,844.81 to be fair and reasonable. The insurer was ordered to pay the outstanding balance of $24,476.77 for medical services rendered to employee Brian D. McMillan following a work-related accident on June 29, 2006.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Tony Gross for a right knee injury and psychological impairment sustained when struck by a suspended axle on the assembly line. The claimant was awarded 50% permanent disability to the right knee and 25% permanent disability to the body as a whole referable to psychological impairment, with compensation already paid totaling $55,684.98 for temporary disability and $93,614.26 for medical care.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Charlotte Rose for a cervical spine injury caused by repetitive data entry and typing work. The employee was determined to have permanent total disability with an average weekly wage of $590.08 and compensation rate of $393.39.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying compensation to Roger Patterson for an alleged back injury from February 6, 2006, finding the employee failed to meet his burden of proof regarding proper notice requirements. A dissenting opinion argues the decision should be reversed, contending the employee provided adequate verbal notice to the employer within the required timeframe and that the employer suffered no prejudice from the lack of written notice.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for Edward McNamee's death resulting from an infected finger cut sustained while performing electrical work on May 2, 2003. The employee's widow, Denise McNamee, was approved as the dependent beneficiary, and the claim was found to be compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Susan Gierer for a low back injury sustained on October 22, 2003. One dissenting member disagreed with the permanent partial disability percentage, arguing it should be increased from 12.5% to 20% based on the employee's testimony regarding pain and functional limitations.

The Missouri Court of Appeals affirmed in part and reversed in part the prior LIRC award, remanding the case for entry of future medical benefits. The Commission awarded employee William Kempker future medical benefits necessary to cure and relieve the effects of his injury sustained on February 24, 2001.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award and decision on the issue of liability in this workers' compensation case involving employee James Parks. The award is temporary or partial in nature, with proceedings kept open for a final award to be made.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for Nicholas Nsane, a cooler-dock worker who sustained a closed head injury, neck injury, and body trauma when he slipped and fell on a wet floor at Prairie Farms Dairy on January 2, 2004. The claimant was awarded permanent total disability benefits at $418.95 per week for his lifetime, with the Second Injury Fund dismissed as an additional party.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Barbara J. Vickers for an alleged C. difficile infection contracted at the employer's laundry facility. The employee failed to produce competent evidence that she was actually exposed to C. difficile or contracted it from environmental contact at the workplace, and therefore did not meet her burden of proof.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Lois Billingslea for a low back injury sustained on September 26, 2003, while lifting a pallet onto a shopping cart at a Wal-Mart store in Branson West, Missouri. The employee was awarded compensation of $4,546.20 for 5 percent permanent partial disability to the body as a whole (20 weeks), with $5,714.67 in medical expenses already paid by the insurer.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Kimberly Allen for an alleged injury on July 28, 2001. The claim was found not to be compensable under Chapter 287 as the injury did not arise out of and in the course of employment.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to employee John Bennett for a compensable work-related accident occurring on September 18, 2005. The Commission found that the employee provided adequate notice to the employer and is entitled to future medical benefits to cure or relieve the work-related condition.

The Commission affirmed the Administrative Law Judge's award denying compensation for an employee who slipped and fell on a motor coach on February 1, 2006, injuring his left knee. Although the fall aggravated the employee's preexisting degenerative joint disease requiring total knee replacement, the majority found the award 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 decision denying workers' compensation benefits for James Hillis's alleged low back injuries from October 2002 and January 2003. The Commission found that the injuries did not arise out of and in the course of employment, and the employee's claims against the employer were settled by compromise settlement agreement prior to hearing.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Scott W. Zangraft for a neck and shoulder injury sustained on July 30, 2004, while removing a rack from a truck. The claimant was awarded permanent partial disability compensation of 35% for the neck and 25% for the low back, with medical benefits and temporary disability compensation previously paid.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to claimant Zlata Uzicanin, who suffered a head injury when struck by a window while washing windows at her workplace on April 9, 2003. Although the injury was found to be compensable and work-related, no benefits were awarded due to 0% permanent disability determination.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying all workers' compensation benefits to Betty Logsden, finding that no compensable injury or occupational disease occurred. The claim was denied because the alleged accident did not arise out of and in the course of employment, and the employer did not receive proper notice.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Ronald Voss for an alleged injury on December 20, 2002, finding that the injury was not compensable under Missouri law. The decision determined that there was no accident or occupational disease arising 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 allowing workers' compensation benefits to Slobodanka Zilic for injuries sustained on January 22, 2003, when she twisted, slipped and fell while moving a box at work. The claimant was awarded permanent partial disability compensation for injuries to her left elbow (25%), left knee (25%), and low back (12.5%), plus a 10% multiplicity load factor.

The Commission affirmed the administrative law judge's award of permanent total disability compensation for an employee who sustained hearing loss and psychological injury while driving heavy equipment on July 7, 2001. The claimant is entitled to weekly compensation of $513.32 beginning September 8, 2001, less a 16-week credit previously allowed to the employer/insurer.