Filtered workers' comp decisions

The Commission affirmed the Administrative Law Judge's award denying compensation in a workers' compensation case involving a right knee injury sustained by Sterling Bennett on August 14, 2013, while employed as a painter. Although the injury was found to be compensable and arose out of employment, no benefits were awarded in the final decision.

The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for mesothelioma claimed as an occupational disease arising from the employee's work as a hairdresser. The decision was based on finding that expert medical testimony denying occupational causation was more persuasive than contrary expert testimony supporting causation.

The Commission affirmed the administrative law judge's award of permanent partial disability compensation for bilateral carpal tunnel syndrome and cubital tunnel syndrome affecting the employee's hands, wrists, and elbows. The awarded disability percentages (ranging from 17% to 28.75% for various upper extremity levels) were found to be supported by competent and substantial evidence, despite being significantly higher than the employer's authorized physician's 4% assessment but lower than the employee's expert's findings.

The Commission affirmed the administrative law judge's award denying compensation to employee Marc Meng for occupational diseases (carpal tunnel syndrome, cubital tunnel syndrome, and thoracic outlet syndrome) sustained while working as a sheet metal worker. The decision applied the last exposure rule, finding that SystemAire, not Harke Heating and Air Conditioning Co., was the liable employer since it was the last employer in whose employment the employee was exposed to the hazards of these occupational diseases prior to evidence of disability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Marc Meng, finding SystemAire as the liable employer under the last exposure rule for carpal tunnel syndrome, cubital tunnel syndrome, and thoracic outlet syndrome. These occupational diseases were found to be related and developed through the employee's work as a sheet metal worker, with first evidence of disability appearing during employment with SystemAire.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that Charles Bourrage's low back injury sustained on July 25, 2015 while pushing and pulling a heavy container was compensable under Missouri workers' compensation law. The award is temporary or partial in nature, with future medical treatment and temporary total disability benefits to be determined, and proceedings remain open for final determination.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of 20% permanent partial disability of the right upper extremity, 20% permanent partial disability of the left upper extremity, and $1,787.40 for disfigurement based on wrist scars. The Commission rejected the employer/insurer's argument that prior permanent partial disability from a 2002 injury should have been factored into the current award.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that employee Bin Gardner sustained a compensable cumulative occupational disease injury to the left wrist and hand arising out of performing multiple jobs throughout the employer's plant. The award is temporary or partial in nature with permanent disability status and future medical requirements remaining undetermined pending further proceedings.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation to employee Thomas Fenwick for spine injuries sustained on April 28, 2015. The Commission found Dr. Volarich's medical opinion establishing causation of disability to the cervical, thoracic, and lumbar spine to be more persuasive than competing medical opinions.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying compensation in this workers' compensation case involving a nurse who suffered a left upper extremity injury from a slip and fall in November 2013. The employee settled her claim for alleged permanent total disability in May 2017, but the Commission upheld the denial of compensation while providing supplemental guidance on the nature and extent of disability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to employee Gina Beaman for a work-related injury involving her left hand and wrist. The Commission clarified that Dr. Wyrsch's opinion on medical causation was referenced in another physician's report and addressed disputes over permanent partial disability, unpaid medical expenses, and temporary total disability benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation to William Stratton, a police officer employed by the City of Odessa. The Commission also affirmed an award of costs and attorney's fees of $19,728.54 against the employer for defending the claim without reasonable grounds, while clarifying that only conduct during the proceedings—not pre-filing conduct—may justify such an award.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Rick Hunsaker for a January 24, 2011 injury when he was struck in the face by a chain boomer, despite finding the injury compensable under Chapter 287. The denial was based on failure to file the claim against the Second Injury Fund within the required timeframe.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Jerry Sample for an alleged neck injury sustained while delivering loaded rolltainers on January 2, 2017. 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 allowing workers' compensation benefits to Sondra Denomy for a work-related injury. The decision upheld the ALJ's determination regarding causation and compensability of the claimant's right hip condition, despite a dissenting opinion and disputes over the extent of hip pain complaints documented in the medical record.

The Commission affirmed the administrative law judge's default award allowing workers' compensation to Charles Kinney for a repetitive trauma injury to his low back and legs sustained during employment with Dresser-Rand Company. Although the employer was not properly notified of the initial claim due to an incorrect address, the Commission found sufficient evidence of notice attempts and affirmed the default award.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation to James Atchison, finding that preexisting disabilities need not be manifest prior to a work injury to trigger Second Injury Fund liability. The decision clarifies that an employee's preexisting condition can be asymptomatic and still constitute a hindrance to employment when combined with a subsequent compensable work injury.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Lisa Caldwell's work-related lumbosacral syndrome/severe lumbar strain injury sustained on February 4, 2012. The employee was found to have reached maximum medical improvement on August 15, 2012, with permanent restrictions limiting lifting to 20 pounds and restricting bending, squatting, and kneeling activities to occasional basis.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of 8.75% permanent disability to the body as a whole for the employee's work-related lumbar spine injury sustained on October 25, 2012. The Commission also affirmed a 1.75% load factor assigned for the synergistic effect between the primary low back injury and preexisting hand disabilities, but rejected claims of synergy with unrelated conditions such as nosebleeds, migraines, and ankle issues.

The Missouri LIRC affirmed the Administrative Law Judge's amended award allowing workers' compensation benefits to Sabrina Williams for post-traumatic stress disorder and panic disorder with agoraphobia resulting from a September 7, 2010 workplace attack by an inmate. The Commission corrected an incomplete quote from the treating psychiatrist and clarified the applicable statutory provisions for this 2010 injury case.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Thomas Williams' February 28, 2002 occupational disease injury, finding that his employment was a substantial factor in causing the resulting medical condition. The Commission applied the pre-2005 amendment standard for medical causation and determined the same result would obtain even under the higher burden of the post-2005 amendments.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding that the employee reached maximum medical improvement and was able to return to work without restrictions as of May 26, 2016. The majority rejected the employee's claim for permanent total disability, though a dissenting opinion argued the employee was permanently and totally disabled based on vocational rehabilitation assessments and medical restrictions.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding that employee Ronald Williams suffered a 45% permanent partial disability of the right upper extremity and is permanently and totally disabled based on his April 2011 right shoulder injury combined with preexisting conditions. The Commission rejected the Second Injury Fund's argument that permanent total disability must be certified by specific physician opinion, holding instead that disability determination involves non-medical considerations including the worker's ability to compete in the open labor market.

The Missouri Court of Appeals reversed the Commission's prior denial of the claim against the Second Injury Fund, finding that the statute of limitations began on January 17, 2013, making the May 7, 2014 claim timely. The Commission affirms that employee's occupational disease claims for hearing loss and tinnitus were properly filed within the two-year statutory window, proceeding to address the merits of the case.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Reginald Jones for a knee injury sustained when he stepped in a pothole at work. The majority found the injury was merely an aggravation of a preexisting degenerative condition and thus not compensable, though a dissenting opinion argued that aggravation of a preexisting condition can be compensable if the workplace accident is the prevailing factor.