OTT LAW

Filtered Decisions

1,809 decisions matching filters

Odom v. Customer Engineering Services, LLC(2018)

July 3, 2018#12-046620

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to employee Mark Odom. The Commission also ruled on evidentiary issues, including sustaining the exclusion of employer's Exhibit L due to lack of proper foundation.

14,199 words

Hogenmiller v. Mississippi Lime Company(2018)

June 28, 2018#13-104480

affirmed

The Commission affirmed the administrative law judge's award allowing workers' compensation for David Hogenmiller's hearing loss and tinnitus, finding the ALJ properly admitted expert testimony from an audiologist regarding medical causation. The Commission rejected the employer/insurer's challenge to the admissibility of the audiologist's opinions, determining that non-physician experts with specialized knowledge in medical matters may qualify to testify on causation.

hearing loss6,850 words

Pineda v. EFCO Corporation(2018)

June 21, 2018#06-036310

affirmed

The Commission affirmed the administrative law judge's award of permanent total disability benefits, finding that the employee's left shoulder injuries identified on January 31, 2008, were natural and probable consequences of the original April 28, 2006 workplace accident. The employee's left shoulder injuries resulted from compensatory overuse of his left arm due to his primary right shoulder injury, making them compensable as a direct result of the original injury.

shoulder9,440 words

Reynolds v. Missouri Highway and Transportation(2018)

June 20, 2018#14-060340

affirmed

The Commission affirmed the administrative law judge's award allowing workers' compensation for an employee's work-related right knee injury from July 22, 2014, which required surgery and ongoing pain management. The decision was supported by unrebutted expert testimony that the employee remained symptomatic and required future medical care flowing from the compensable injury.

knee2,850 words

Sanford v. Roto Rooter(2018)

June 20, 2018#09-099970

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Ronald Sanford for a left shoulder rotator cuff injury, with a supplemental correcting opinion clarifying the surgical history. The Commission found the ALJ's award of compensation was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

shoulder6,384 words

Judd v. DaimlerChrysler(2018)

June 20, 2018#05-092951

affirmed

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Rossie P. Judd against DaimlerChrysler, rejecting the employer/insurer's motion to dismiss. The employee appealed the extent of her partial disability rating, claiming competent and substantial evidence supported a finding of more than 11.25% permanent partial disability of the body as a whole.

11,301 words

Deckard v. Department of Natural Resources/State of Missouri(2018)

June 15, 2018#15-010994

affirmed

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Rodney D. Deckard's back injury sustained when he slipped on ice on February 24, 2015, while employed by the Department of Natural Resources. The employee was awarded 35% permanent partial disability with temporary total disability payments of $14,134.44 and medical aid valued at $164,250.59.

back3,304 words

Naeter v. R.C. Lone Star(2018)

June 15, 2018#05-142944

affirmed

The LIRC affirmed the Administrative Law Judge's final award denying compensation in this workers' compensation case, finding no benefits were awarded. The claim was ultimately denied, with the court noting that the claim regarding the Second Injury Fund was not filed within the time required by law.

6,673 words

Collins v. Kone, Inc.(2018)

June 14, 2018#13-023689

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to James Collins. The Commission also addressed procedural issues regarding the timing of the award's issuance and mailing, concluding that the award was properly issued while the administrative law judge remained employed.

7,600 words

MacFedries v. General Cable Corporation(2018)

June 14, 2018#15-034728

affirmed

The Commission affirmed the ALJ's denial of workers' compensation benefits for an employee who injured her right knee while stepping onto a concrete step, finding the injury was not work-related. The employee failed to demonstrate that the risk causing her knee injury was related to her employment duties or was a hazard unique to her job as opposed to risks in normal nonemployment life.

knee3,709 words

Peacock v. North American Tie & Timber(2018)

June 13, 2018#10-114063

affirmed

The LIRC affirmed the ALJ's denial of workers' compensation benefits for Eugene A. Peacock's claim of bilateral carpal tunnel syndrome as an occupational disease. The employee failed to establish by competent medical evidence a direct causal connection between his repetitive occupational exposure and the carpal tunnel condition.

carpal tunnel25,230 words

Barnett v. Harley Davidson(2018)

May 1, 2018#15-065149

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Michael Barnett for a neck disc herniation, finding the ALJ's reliance on the employee's credible description of repetitive job duties and early treatment records adequately established work-related causation. The Commission rejected the employer's arguments that medical opinions and treatment records failed to support a causal connection between the employee's work at Harley Davidson and his condition.

neck disc herniation4,665 words

Penning v. Harley Davidson(2018)

April 25, 2018#13-046307

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Thomas Penning for a right wrist scaphoid fracture sustained in a May 13, 2013 work accident at Harley Davidson. The Commission found the employee's credible testimony and medical evidence, including radiological studies and treating physician diagnosis, supported that the accident was the prevailing factor causing the injury and necessitating all subsequent treatment including fusion and carpal tunnel release procedures.

wrist6,022 words

Taylor v. W & M Welding, Inc.(2018)

April 19, 2018#09-024959

affirmed

The LIRC affirmed the ALJ's award of workers' compensation benefits for Jackie Taylor's right eye injury from February 11, 2009, finding credible medical evidence and employee testimony regarding permanent partial disability and synergistic effects with a preexisting knee condition. The Commission rejected the Second Injury Fund's arguments challenging the synergy finding and the consideration of the right knee as a preexisting permanent partial disability.

eye2,698 words

Rodas v. The Carter Group, Inc. / Villa Bella, LLC / Aandrea Carter(2018)

April 12, 2018#15-078084

affirmed

The Commission affirmed the Administrative Law Judge's award of workers' compensation to Vitaliano Rodas for an injury sustained on May 18, 2015, while performing maintenance and floor-setting work at Villa Bella Apartments in Kansas City, Kansas. The decision established employer-employee relationship despite the use of 1099 forms and found the injury fell within Missouri workers' compensation jurisdiction.

occupational injury8,313 words

Reiter v. Kansas City Police Department(2018)

April 12, 2018#15-103652

affirmed

The Commission affirmed the administrative law judge's award allowing workers' compensation for an employee who sustained injuries falling during an off-duty obstacle course, finding the injuries arose out of and in the course of employment. The decision applies post-2005 Missouri statutory amendments that modified the legal tests for compensability and abrogated prior case law interpretations.

fall/trauma5,666 words

Hellmann v. Prairie Farms Dairy, Inc.(2018)

April 5, 2018#12-081978

affirmed

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Alvin Hellmann for a right elbow injury sustained in a slip and fall on a loading dock on October 17, 2012. The award includes 63 weeks of permanent partial disability compensation from the employer and permanent total disability benefits from the Second Injury Fund.

slip and fall2,320 words

Anderson v. Alberici Constructors(2018)

April 3, 2018#11-107331

affirmed

The Commission affirmed the administrative law judge's award denying compensation to employee James Anderson for a workplace injury that occurred on December 1, 2011. The case involved a claim against the Second Injury Fund, which requires evidence of work injury disability combined with preexisting disability to result in enhanced or total disability.

2,119 words

Chudnovtsev v. BSI Constructors, Inc.; St. Louis Brick & Stone(2018)

March 30, 2018#14-027901

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding the employee's April 21, 2014 workplace injury compensable with permanent partial disability ratings of 25% left shoulder, 10% neck, 5% right knee, and 2.5% left ankle. Total compensation of $190,117.96 was awarded for medical treatment and temporary disability benefits already paid, with no future requirements awarded.

multiple injuries6,297 words

Reddick v. Meineke Car Care(2018)

March 21, 2018#04-142854

affirmed

The Missouri LIRC affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Ryan Reddick's injury claim against Meineke Car Care. The Commission found the ALJ's decision was supported by competent and substantial evidence and complied with Missouri Workers' Compensation Law.

211 words

Brown v. Superior Linen Supply Company(2018)

March 7, 2018#14-093366

affirmed

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation for an employee who suffered a right ankle injury while attempting to escape after being locked inside the employer's courtyard at the end of his shift. The Commission concluded that the employee's injuries arose out of and in the course of employment, as his activities were sufficiently incidental to his work, and provided supplemental analysis regarding the 2005 legislative changes to Missouri Workers' Compensation Law.

ankle8,647 words

Johnson v. RBJ Investments(2018)

February 23, 2018#13-098241

affirmed

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to William R. Johnson for a back injury sustained on December 12, 2013, while loading firewood. The claim was settled for 15% permanent partial disability to the body as a whole, with the Second Injury Fund providing ongoing permanent total disability payments.

back5,515 words

Koch v. Aldi, Inc.(2018)

January 31, 2018#13-026268

affirmed

The Commission affirmed the administrative law judge's award of compensation for a work-related right hip strain injury sustained on April 11, 2013, finding the injury was the prevailing factor in the employee's condition. The employee was determined to be permanently and totally disabled based on the combination of the primary injury with preexisting disabilities and her age, education, and lack of transferable skills.

hip strain6,177 words

Page v. OCCI, Inc.(2018)

January 30, 2018#11-001987

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits for Gary Page's left ankle injury that occurred on January 12, 2011. Although the injury arose out of and in the course of employment, it was determined to be non-compensable under Missouri workers' compensation law.

ankle6,577 words

Page v. OCCI, Inc., a/k/a Osage Constructors, Inc.(2018)

January 30, 2018#08-096549

affirmed

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Gary Page's left ankle and right knee injuries sustained on October 3, 2008, when he jumped from a runaway truck with failed brakes. The employer and insurer were ordered to pay $66,566.57 in permanent partial disability benefits (70% for left ankle, 35% for right knee) plus ongoing medical treatment.

ankle and knee7,033 words