OTT LAW

Filtered Decisions

1,920 decisions matching filters

Bunch v. Yellow Freight System(2006)

December 22, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation to Jesse Bunch for a right knee injury sustained on June 2, 1999, while exiting a tractor trailer at Yellow Freight System. The employee was awarded permanent partial disability compensation of 37.4625 weeks from the Second Injury Fund, with 30% permanent disability to the right knee.

knee5,632 words

Mayes v. Suntrup Ford, Inc.(2006)

December 15, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Tracy W. Mayes, an employee of Suntrup Ford, Inc., who sustained a work-related back injury on March 28, 1997. The Commission found competent and substantial evidence supporting the causal relationship between the employee's workplace accident and herniated discs at L4-5 and L5-S1, which required surgical intervention.

back7,696 words

Alnaumany v. Trend Manufacturing(2006)

December 13, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to employee Karim Alnaumany for a right upper extremity injury sustained on January 4, 2002 while lifting a kitchen countertop. The Commission awarded $2,520.00 in permanent partial disability compensation (10.5 weeks at $240.00 weekly rate) from the Second Injury Fund, finding the injury compensable under Missouri law.

upper extremity1,971 words

Scott v. Modern Maintenance(2006)

December 11, 2006#01-169224

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Ralph Scott for an alleged right knee injury claimed to result from prolonged walking and standing during employment. The Commission found that the injury did not arise out of and in the course of employment under Missouri workers' compensation law.

knee1,341 words

Winford v. Renaissance Grand Hotel(2006)

December 8, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Lakeishia Winford for an alleged nail puncture wound to her left heel on April 11, 2003. The Commission found that the injury did not arise out of and in the course of employment, and therefore no compensation was awarded.

puncture wound1,929 words

Negri v. Continental Sales and Service(2006)

November 22, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the award of workers' compensation to the widow of a deceased employee, requiring the employer to pay for mechanical mobility devices including motorized wheelchairs, scooters, and modified vans. The Commission remanded the case to determine the cost differential between an average vehicle and an accessibility-modified van, ultimately rejecting the employer's argument that the issue became moot upon the employee's death.

occupational disease1,085 words

Portell v. Ford Motor Company(2006)

November 22, 2006

affirmed

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Bryan Portell for an alleged injury to his neck and upper back sustained while operating a hoist on May 29, 2002. The claim was denied because the injury did not arise out of and in the course of employment, as the injury resulted from sneezing rather than a work-related accident.

back1,459 words

Wilson v. Perry Oaks Manor, LLC(2006)

November 20, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Pattie Wilson for a work-related aggravation of a pre-existing herniated disc at L5/S1 level sustained when struck by a resident on August 16, 2002. The employee was awarded 10% permanent partial disability of the body as a whole, with temporary total disability compensation of $9,098.32 and medical aid of $7,539.12 already paid.

back3,570 words

Shay v. Michelin Aircraft Tire Corp.(2006)

November 20, 2006

affirmed

The Commission affirmed the Administrative Law Judge's award of workers' compensation for Dennis Shay, who sustained repetitive motion injuries to his left wrist, elbow, and right shoulder while fixing aircraft tires. The employee was awarded 10% permanent partial disability benefits for both the left upper extremity and right shoulder, totaling $15,033.30 in compensation.

occupational disease4,954 words

Penberthy v. United Parcel Service(2006)

November 20, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to Terry Penberthy for a back injury claimed to have occurred on September 4, 2003 at United Parcel Service. A dissenting opinion argued the employee met the burden of proof for an accident involving a dolly-moving incident that caused radiating back and leg pain.

back3,966 words

King v. Metromedia Steakhouse d/b/a Ponderosa(2006)

November 20, 2006

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation to Christopher King for a burn injury to his right ankle/foot caused by hot grease splashing during cooking on November 30, 2004. The employee was awarded $870.64 in compensation for 5% permanent partial disability of the right ankle.

burn2,496 words

Kersting v. Missouri Goodwill Industries(2006)

November 20, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Janet Kersting's left shoulder injury sustained in a February 12, 2002 workplace fall. The employee was awarded 74% permanent partial disability of the left upper extremity and permanent total disability beginning September 5, 2005.

shoulder2,236 words

Walden v. Ceco Concrete Construction, LLC(2006)

November 20, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Jerrold Walden for an alleged back injury sustained while handling plywood sheets on January 17, 2003. The commission found that the injury did not arise out of and in the course of employment, making it non-compensable under Missouri workers' compensation law.

back2,397 words

Flaim v. University of Missouri; Capital Region Medical Center(2006)

November 17, 2006

affirmed

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to John B. Flaim for an alleged occupational disease of the spine. The claim was denied because the alleged injury did not arise out of and in the course of employment, and the claim was not filed within the required timeframe.

occupational disease5,545 words

Northern v. St. Luke's Medical Center; SSM St. Mary's Health Center(2006)

November 16, 2006

affirmed

The LIRC affirmed the administrative law judge's award denying workers' compensation to Don Northern (deceased, substituted by claimant Lisa Northern) for carpal tunnel syndrome allegedly caused by work duties. One commissioner dissented, arguing the ALJ erred in finding insufficient evidence that the employee's work caused the carpal tunnel condition.

carpal tunnel5,152 words

Chase v. St. Louis Children's Hospital(2006)

November 15, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for Alan Chase's injury to his lumbar and cervical spine sustained while lifting laundry on March 10, 2005. Although the injury was determined to be compensable and work-related, no compensation was awarded as the case was settled.

back2,895 words

Collins v. United Parcel Service, Inc.(2006)

November 14, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for DeAndre Collins, who sustained a contused right knee injury on October 22, 1998, while employed by United Parcel Service, Inc. The claimant was awarded 25% permanent partial disability benefits for the right knee injury, with temporary disability compensation and medical aid already paid by the insurer.

knee4,185 words

Ryan v. TBR Enterprises, Inc. d/b/a Schulze Tool Company(2006)

November 8, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Matthew Ryan for a right hip injury sustained on November 18, 2004, when he jumped from a moving truck. Although the injury was found to be compensable and arose out of the course of employment, no compensation was awarded.

hip6,222 words

Sanders v. Ward Plumbing and Heating Co.(2006)

November 8, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Phillip Sanders for a left shoulder injury sustained on August 28, 2000, while working for Ward Plumbing and Heating Co. The claimant was awarded compensation for temporary disability, permanent partial disability (30%), and necessary medical expenses totaling $21,685.95.

shoulder4,692 words

Akins v. Leonard's SNS, Inc.(2006)

November 6, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Jon E. Akins for injuries sustained in a fall on August 1, 2004. Although the accident occurred during employment and proper notice was given, the claim was denied, resulting in no compensation or medical benefits being awarded.

head/face2,388 words

Clayton v. Langco Tool and Plastics, Inc.(2006)

November 3, 2006

affirmed

The LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Nancy Clayton for an alleged back injury on October 26, 1999, finding she failed to meet her burden of proof regarding the work-related nature of the accident. One commissioner dissented, arguing that competent evidence supported a finding of workplace injury and that the employee's credibility should not have been questioned based on minor variations in medical histories over several years.

back6,539 words

Edwards v. U.S. Nursing(2006)

November 3, 2006

affirmed

The Commission affirmed the Administrative Law Judge's decision denying compensation in this workers' compensation case involving a nursing employee kicked in the shoulder by a patient on October 16, 2002. Although the injury was found to be compensable and arose out of employment, no permanent disability was determined, resulting in zero compensation awarded despite prior temporary disability and medical payments.

shoulder4,913 words

Grothaus v. Mehlville Fire Protection District(2006)

October 17, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Robert Grothaus for a knee injury sustained on September 13, 2000. The Commission found the award was supported by competent and substantial evidence and made in accordance with the Missouri Workers' Compensation Act.

knee22,337 words

Lancaster v. United Parcel Service(2006)

October 17, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Mark Lancaster for injuries sustained when he fell onto his right side while lifting a box on November 6, 2002. The Commission found no permanent disability resulted from the accident despite medical treatment totaling $6,079.14.

back10,873 words

White v. General Motors(2006)

October 13, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Eugene White for a chest injury sustained on February 26, 1988 during assembly work at General Motors. Although the injury was deemed compensable and arose out of employment, no compensation was awarded due to findings regarding the nature and extent of disability.

chest5,036 words