Filtered Decisions

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Dennis S. Dugan's left knee injury sustained on March 1, 2002 at a Lowe's facility in St. Louis County. A dissenting opinion argued the employee was not permanently and totally disabled, citing the treating physician's opinion that the employee could perform sedentary work and the employer's vocational expert testimony regarding employability in the open labor market.

The LIRC affirmed the administrative law judge's award denying compensation in a workers' compensation case where employee Kenneth Stewart claimed a back injury while attempting to free his tractor trailer on July 5, 2003. The claimant failed to sustain his burden of proof that the injury arose out of and in the course of employment, resulting in no benefits awarded.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Sheila Dickson for a bilateral upper extremity and cervical spine injury sustained on July 31, 2004, while performing clerical duties. The Commission awarded $31,627.50 in total compensation, including $6,844.00 in unpaid medical expenses and $24,783.50 in permanent partial disability benefits reflecting 17.5% permanent disability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Telitha A. Miller, finding that her alleged May 12, 2004 right wrist injury did not arise out of and in the course of her employment as a napkin presser. No compensation was awarded in this case.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Mike Nelson for a right knee injury and aggravated deep vein thrombosis sustained on May 17, 2004, while working with concrete. The claimant was awarded permanent partial disability compensation of 15% referable to the injury, along with unpaid medical expenses and temporary disability benefits already paid.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Barry Webb for a low back injury sustained on July 27, 1999, while operating a machine. The employee was found to have permanent total disability due to the combination of the primary injury (35% PPD of the body as a whole) and preexisting conditions.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Donald Hagan's occupational disease (dust inhalation) contracted on September 15, 1998 while operating a jackhammer. The employee was awarded permanent total disability benefits and compensation for temporary disability and past medical expenses.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Joan Panhorst for an alleged mental injury. The case was denied because the alleged injury did not arise out of and in the course of employment as required under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Linda Cardwell for a work-related fall injury on May 31, 2001, that resulted in low back injury requiring surgery and psychiatric complications. The claimant was found to have sustained a compensable occupational injury with permanent disability of 15% of body as a whole for low back injury and 12.5% for psychiatric injury.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Laura Belmar for a fall on stairs at work on December 31, 1996. Although the injury was found to be compensable and work-related, no compensation was awarded in the final decision.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to truck driver Robert Allen for injuries sustained in a motor vehicle accident on July 6, 1999, finding that while an accident occurred during employment, no compensation was warranted. The claimant sustained injuries to the left femur and left hip but received no temporary disability, permanent disability, or medical benefits from the employer or insurer.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to employee Bernice Simmons for an injury occurring on October 1, 2004, in Kansas City, Jackson County, Missouri. The Commission found the award was supported by competent and substantial evidence and complied with the Missouri Workers' Compensation Act.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Michael Jones for lumbar spinal stenosis aggravated through thirty years of roofing work. The claimant was awarded 60 weeks of permanent partial disability compensation at $566.45 weekly, with the Second Injury Fund liable for permanent total disability benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation to employee John Blackburn for a claimed cervical spine injury from a July 30, 2002 accident at J & J Steel, Inc. However, a dissenting opinion argued the ALJ overstepped her authority by finding the employee's testimony incredible and that medical testimony was required to establish the injury claim.

The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits, finding that the employee's cervical spine injury from May 21, 2001 was compensable but did not warrant permanent total disability. The Second Injury Fund was not liable as the employee had no pre-existing disabilities that combined with the work injury to create permanent total disability.

The Commission affirmed the administrative law judge's award allowing workers' compensation for Albert Griffin's work-related right shoulder injury sustained on September 20, 2005, while pulling a hose. The claimant was awarded 58 weeks of compensation at $343.73 per week totaling $19,936.34 for 25% permanent partial disability to the right shoulder, plus medical expenses of $20,788.30 already paid.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Robin Willis for a low back injury sustained on March 18, 2004, when she was struck from the rear while operating an employer truck. The claimant was awarded 30 weeks of permanent partial disability compensation totaling $10,411.50 for 7.5% permanent disability of the body as a whole referable to the low back.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits despite finding the injury compensable under Chapter 287. Although the claimant sustained a right shoulder injury when his jacket became caught in machinery on March 11, 2005, no compensation was awarded in the final determination.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for Vickie Schlosser's alleged chemical exposure claim dated February 9, 2000. The Commission found that the employee was not in employment at the time of the alleged incident and that the incident did not arise out of or in the course of employment.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to employee Marjorie Grisham for an alleged back injury sustained on April 25, 2003, finding insufficient evidence of accident and medical causation. A dissenting opinion argued the employee met the burden of proof regarding a back injury sustained while carrying a fifty-pound bag of fertilizer.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation to employee Vivian Houston for a work-related shoulder injury sustained on August 29, 2003. A dissenting opinion argued the decision should be modified to include an award of past medical expenses, as the employee was penalized for seeking treatment after an employer-referred doctor concluded the injury was not work-related.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Gregory R. Tayborn, a police officer injured on September 13, 2002. The case involved a dispute over whether the employee's permanent and total disability resulted from the work injury alone or a combination of the work injury and preexisting mental health conditions, with the majority finding the work incident was the primary cause.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for an employee who suffered a left knee injury after falling approximately 6 feet from a ladder while painting. The employee was awarded compensation for unpaid medical expenses of $31,555.29, temporary disability benefits of $840.00, and permanent partial disability benefits of $1,120.00, totaling $33,515.29.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for the fatal gunshot wound suffered by employee Chris A. Hanneken while at work on June 2, 2004. The dependent daughter, Madelynn Christine Hanneken, was approved to receive compensation benefits as the injury arose out of and in the course of employment.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation to Julia Hines for bilateral carpal tunnel syndrome caused by repetitive data entry work as a Customer Service Representative. The claimant was awarded $38,438.45 in total compensation including unpaid medical expenses, temporary total disability, and permanent partial disability benefits.