Filtered Decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Elaine Casteel for a neck and shoulder injury sustained in a trip and fall accident on December 3, 2003. The claimant was awarded permanent partial disability benefits totaling 175.625 weeks across multiple body parts and disability levels, with partial liability assigned to the Second Injury Fund.

The Missouri LIRC affirmed the administrative law judge's decision denying workers' compensation benefits for an alleged occupational disease of right bilateral carpal tunnel syndrome. The Commission concluded that the employee failed to provide substantial and competent evidence that the carpal tunnel syndrome was attributable to an occupational disease arising out of his employment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation to Melanie Days for carpal tunnel syndrome claimed as an occupational disease. The majority found the employee failed to prove the condition was work-related, though a dissenting opinion argued the evidence from employee's medical experts should have been credited over the employer's expert testimony.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Gary Purdy's low back injury sustained on November 17, 1999 while shoveling mud at work. Although the injury was deemed compensable, no lost-time compensation was awarded as the employee experienced no lost time from work.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Donna M. Blankenship for a shoulder injury sustained on November 19, 2003. The Commission found the award supported by competent and substantial evidence and in accordance with the Missouri Workers' Compensation Act, though a dissenting opinion argued the employee should have been found entitled to permanent total disability benefits against the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Joyce Bivins for a fall that occurred on August 27, 2006. The Commission found insufficient credible evidence that the claimant's foot stuck to the floor as she claimed, as photographic evidence and employer investigation showed no hazardous condition on the floor that would have caused the injury.

The Commission affirmed the administrative law judge's award denying workers' compensation benefits to Randy Johnson for a right ankle injury sustained on July 29, 2006, while walking through a grocery store aisle. The employee's injury resulted from a non-work-related misstep where his foot rolled inversion-style with no external cause, which did not arise out of or in the course of employment under the 2005 Workers' Compensation Act.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that Jason Gamet's back injury sustained while bending to pick up an empty pallet on July 8, 2006, was compensable under Missouri workers' compensation law. The award is temporary or partial, with the case remaining open for further proceedings to determine final compensation.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Robin Gross, finding that no compensable injury or occupational disease occurred. The Commission concluded that the alleged accident or occupational disease did not arise out of and in the course of employment, and therefore no compensation was awarded.

The LIRC affirmed the administrative law judge's decision denying workers' compensation benefits to Renee Viles for low back injuries allegedly caused by repetitive bending, lifting, and turning at work. The court found that the injury did not arise out of and in the course of employment, and no compensable injury or occupational disease was established.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Darryl Z. Davis's cumulative trauma injury sustained while operating a dumpster truck on January 14, 2004. The injury to the employee's back, hips, and legs arising from repetitive work activities was found compensable as an occupational disease with permanent and total disability.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in a case involving cumulative trauma to the employee's shoulders from assembly work. Although the injury was deemed compensable and occurred during employment, the claim was previously settled and benefits were awarded to neither the employee nor the Second Injury Fund.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Edward Dunn, Jr.'s right shoulder injury sustained on February 12, 2001, while lifting a lid on a metal container at his workplace in St. Louis, Missouri. The employee was awarded 47.5% permanent partial disability benefits, with the Second Injury Fund liable for 34.66 weeks of permanent partial disability compensation totaling $10,892.25.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for a claimant who slipped and fell from a ladder on February 22, 2000, sustaining a low back injury with 27.5% permanent whole body disability. The Second Injury Fund was found liable for $8,181.27 in benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation to Lisa M. Stegman for a right knee injury sustained on March 31, 2002, while she was at home preparing to respond to an emergency call as an on-call EMT. The majority found the employee failed to meet her burden of proof that she was in the course of employment at the time of the accident, though a dissenting opinion argued the decision should have been reversed.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for an employee who sustained a neck and right shoulder injury while transferring a non-ambulatory patient on July 13, 2003. The employee was determined to have permanent and total disability with indeterminate compensation payable, and the court approved the attorney's fees as fair and reasonable.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to David Kinealy for injuries sustained in a fall at a Ford Motor Company facility on January 19, 2002. Kinealy, a pipefitter, fell 10-12 feet through a ceiling while installing a sprinkler system, resulting in a left ankle injury and thoracolumbar spine injury with permanent disability ratings of 35% and 20% respectively.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Wendy Hagan, finding that her neck, arm, and hand conditions (including carpal tunnel syndrome and cervical spondylitic radiopathy) were not caused by her keystroke and other work duties. Medical expert Dr. Goldfarb testified that employee's multiple inflammatory conditions, cervical spine disease, and obesity were more likely risk factors than her job duties, and her symptoms did not improve even during extended time away from work.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Ronald Ford's bilateral carpal tunnel syndrome contracted on June 30, 2004, while employed by Ameren UE. The claimant was awarded permanent partial disability compensation of 17.5% for each wrist with a 10% multiplicity factor, along with medical expense coverage under a hold harmless agreement.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to David Maxwell for a cervical spine injury sustained on August 25, 2003, when his truck struck a Department of Transportation vehicle on Interstate 44 in Crawford County, Missouri. The employee was awarded compensation for temporary total disability, permanent partial disability of 25% of the body as a whole, and necessary medical treatment.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for an employee injured on July 17, 2003, while performing work involving concrete cutting and hammering. One member filed a separate opinion concurring in part and dissenting in part, disagreeing with the allowance of permanent partial disability benefits for bilateral shoulder impingement syndrome, arguing the injury was not work-related.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Deborah J. Strait for an alleged occupational disease affecting her knees. A dissenting opinion argued the employee met her burden of proof by establishing exposure to repetitive climbing, bending, kneeling, stooping and squatting that exceeded public exposure and was linked to her bilateral chondromalacia and patellofemoral syndrome.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Earl Cozart for an alleged fall while taking inventory at work on August 11, 2003. The Commission found that the injury did not arise out of and in the course of employment, thus making it non-compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation to employee Toni Akins for an injury occurring on March 19, 1996. 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 allowing workers' compensation benefits to the widow of Carl Sullivan for a right shoulder injury sustained on December 20, 2002, while pulling out a fence post during his employment. The employee was awarded 58 weeks of permanent partial disability compensation totaling $19,726.96, with medical expenses of $21,638.27 already paid by the insurer.