Filtered Decisions

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Sidney O. Hudson for an alleged occupational hearing loss (tinnitus) injury sustained on April 12, 2002. The ALJ found that the claimed injury did not arise out of and in the course of employment, thus rendering it non-compensable under Missouri law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that Mark Alcorn's back injury sustained while driving a dump truck at a road construction site on June 3, 2005, was compensable under Missouri workers' compensation law. The Commission determined all elements of compensability were satisfied and the claim was properly filed, awarding temporary total disability benefits and necessary medical expenses.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Michael Olden, who alleged he suffered a heart attack after returning from a business trip on September 28, 2000. The Commission found that the 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 award of workers' compensation benefits to Daniel Mell, a roofer who sustained a low back injury while shoveling gravel on July 27, 2001. The claimant was awarded permanent partial disability benefits totaling $32,942.00, with 20 weeks of compensation payable from the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to Lisa Conway for an alleged injury on January 15, 2005. The Commission found that the injury did not arise out of and in the course of employment, and therefore no compensation was awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to David Yocum for a shoulder condition claimed to be work-related. Although a dissenting opinion argued that medical evidence supported aggravation of the shoulder condition from grinding work activities, the majority found the evidence insufficient to establish the work activities as a substantial contributing factor.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that employee Norbert Butler's injury to his left thumb and hand sustained on November 5, 2003 while installing a fastener on an aircraft was compensable under Missouri workers' compensation law. The award is temporary or partial in nature, with proceedings continued and kept open pending a final award.

The Commission affirmed the administrative law judge's award of workers' compensation death benefits to the widow of David J. Wallace, who sustained fatal injuries in a motor vehicle accident arising out of his employment. The Commission rejected the Second Injury Fund's arguments for a 15% reduction in benefits due to alleged safety violations and denied the Fund's request for a credit against death benefits paid under an occupational accident policy.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Randall Sneed for an injury sustained on July 17, 2002, in Christian County, Missouri. The Commission found that the award was supported by competent and substantial evidence and was issued in accordance with the Missouri Workers' Compensation Act.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Stephen Clemons, a Public Safety Officer who alleged stress-related injuries from job activities including breaking up fights. The claim was denied because the alleged occupational disease was determined not to have arisen out of and in the course of employment under Missouri workers' compensation law.

The Commission affirmed the Administrative Law Judge's award of workers' compensation to Charles Rothschild for injuries sustained on August 30, 1999, when he fell from a truck while removing a tree limb from the cab shield. The employee was awarded permanent partial disability benefits of 50% for right knee injury and 20% for left shoulder injury, along with medical expenses and temporary disability compensation totaling over $87,000.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for Alfred Bazile's bilateral carpal tunnel syndrome, finding it was not a result of his employment as a bus driver. The Commission rejected the employee's Application for Review and denied the employer's motion to dismiss, while correcting a typographical error in the Findings of Fact regarding nerve root study results.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits, finding that the alleged injury on October 6, 2001 did not arise out of and in the course of employment. No compensation was awarded to the claimant.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for an employee who sustained a carpal tunnel injury to his right upper extremity while pounding on a truck door during employment. The employee was also found to have coronary artery disease and diabetes mellitus, with the Second Injury Fund owing permanent total disability benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to firefighter Mark Hampton for injuries sustained while fighting a fire on January 5, 1999. The employee received a permanent partial disability award of $3,200.00 for 20 percent body as a whole disability affecting the head and cervical spine.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for alleged tinnitus claimed to result from exposure to jackhammers and water demolition work. No compensation was awarded as the claim was found not to be compensable under Missouri workers' compensation law.

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits in a case where employee James Rybak suffered a right upper extremity injury (37.5% permanent disability of left arm at wrist level) after falling through a glass door while chasing a shoplifter on July 26, 2003. Although the injury was found to be compensable and work-related, no compensation was awarded as the case was settled.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Marixia Maldonado for injuries sustained on July 20, 2005, in Greene County, Missouri. The Commission found the ALJ's award was supported by competent and substantial evidence and in accordance with the Missouri Workers' Compensation Act.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that James T. Johnson's occupational disease affecting both upper extremities, contracted through repetitive opening/closing of shuttle bus doors and baggage handling, was compensable under Missouri Workers' Compensation Act. This is a temporary award with proceedings kept open pending final determination of benefits and permanent disability assessment.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to employee Wentfred Helvey, finding that no compensable injury or occupational disease occurred. The alleged injury did not arise out of and in the course of employment, and no compensation or medical benefits were awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to John E. Downing for a shoulder injury sustained in a fall down stairs at a sand plant on October 27, 2000. No compensation was awarded in the case despite the injury arising out of and in the course of employment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Joseph Becherer's right groin injury sustained on September 16, 2002 while using a pipe wrench. The Commission found the injury compensable under Missouri law with permanent disability rated at 20% body as a whole for the groin injury and 4% for aggravation of pre-existing psychiatric condition.

The Commission affirmed the Administrative Law Judge's award finding the employee's shoulder and upper extremity injury compensable, modifying only the allocation of past medical expenses between insurers. The case was determined to be a temporary or partial award with proceedings kept open for potential further orders.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Herbert Hilderbrand for a left wrist injury caused by repetitive use of air and vibratory tools, wiring tasks, and ulnar deviation movements. The claimant was awarded 17.5% permanent disability compensation for the left wrist with a weekly rate of $350.67/$340.12.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Steven Holubeck for an alleged injury on August 27, 1999, finding the claim was not filed within the time required by law. No compensation was awarded in this case.