Filtered Decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to the dependents of Charles Nixon, who died following a workplace injury on April 11, 1996. The case involved a dispute over whether the deceased employee was permanently and totally disabled at the time of death, with the majority affirming the ALJ's finding while one commissioner dissented.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Dora Wise for an injury occurring on May 15, 2001. 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 of workers' compensation benefits for an employee who sustained a low back injury while directing concrete flow from a chute on June 24, 2003. The employee was awarded permanent total disability benefits of $407.40 weekly for life, with medical benefits continuing as determined.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Steven Simmons, finding that his alleged July 9, 1998 injury did not arise out of and in the course of his employment as a warehouse associate. No benefits were awarded and the claim was dismissed.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Joseph Moore for a car accident occurring on December 23, 1999. The claim was denied because the accident did not arise out of and in the course of employment, as the employee was on the way home from a company party when the accident occurred.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that employee Hector Torres-Olivares suffered a compensable work-related injury when he fell on March 23, 2005 during the course and scope of his employment. The Commission awarded 47 weeks of past temporary total disability compensation of $17,547.45 plus ongoing weekly benefits of $373.35.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that employee Apolinar Sandoval's fatal fall on March 23, 2005 was a compensable work injury arising out of and in the course of his employment. Death benefits of $17,547.45 for 47 weeks plus ongoing weekly benefits of $373.35 were awarded to the deceased employee's dependents.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding Aaron Medina's fall on February 2, 2005, to be a compensable work injury. The employee is entitled to temporary total disability benefits at $373.35 per week, with 54 weeks of compensation awarded through February 16, 2006, and ongoing benefits to continue pending final determination.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award granting workers' compensation benefits to Jennie Williams for an injury sustained on October 14, 1997, with several technical corrections to the award designations. The Commission approved 140 weeks of permanent partial disability benefits and temporary total disability compensation, along with medical aid and attorney's fees.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Jimmy Whitaker's thoracic spine injury sustained on July 15, 2000, while working as a laborer. The claimant was awarded permanent total disability benefits, 12% permanent partial disability relative to the thoracic spine, and temporary total disability compensation.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Linda Stockman for a right knee injury sustained on October 11, 2002, when she slipped and fell down stairs at Ford Motor Company's Claycomo facility. The claimant was awarded 50 percent permanent partial disability benefits totaling $58,052.30, plus lifetime medical treatment for the right knee.

The Commission affirmed the Administrative Law Judge's award of workers' compensation to Debora Jackson for a left thumb injury sustained on September 29, 2003, while typing at her workstation. The employee was awarded 4.2 weeks of permanent partial disability compensation totaling $1,457.61 plus previously paid medical aid of $3,345.98.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Andrew Hayden for a left pectoralis muscle tear suffered on June 29, 2004, finding the award supported by competent and substantial evidence. One dissenting commissioner argued the injury resulted in permanent partial disability to the body as a whole at 20% rather than 7% at the shoulder.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for an employee who sustained a low back injury while lifting a moving box on March 27, 1998. The employee was deemed permanently and totally disabled, entitled to ongoing weekly compensation of $402.67 commencing November 2, 2001, plus previously incurred medical expenses of $189,095.13.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Margaret Sisk for a left knee injury sustained on November 16, 1999, when she fell and twisted her knee while walking up steps at work. The claimant was awarded compensation for 25% permanent partial disability of the left knee, with medical aid and temporary disability benefits previously paid.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation to employee Joseph Pearson for injuries sustained on July 11, 2003, finding no compensable disability resulted from the primary injury. One commissioner dissented, arguing the ALJ erred in rejecting uncontradicted expert medical testimony regarding permanent partial disability ratings and Second Injury Fund liability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for an employee injured on June 23, 2000, while working on an assembly line at General Motors Corporation. The Second Injury Fund was found liable for 24.1875 weeks of permanent partial disability compensation at $303.01 per week totaling $7,329.06.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Mark Serati for alleged exposure to benzene and xylene compounds. The claim was denied because the evidence did not establish that an accident or occupational disease arose out of and in the course of employment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Ronald Bryant for a torn medial meniscus injury claimed to have occurred on May 1, 2004, finding that the employee failed to meet his burden of proving medical causation. The dissenting opinion argued the decision was in error because the mechanism of injury described by the employee and corroborated by three workplace witnesses could have caused the tear, despite the employer's expert's inability to state with reasonable medical certainty due to pre-existing chronic knee problems.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that Joseph Harper sustained a compensable low back injury on June 6, 2003, while stepping down from a truck carrying a box of nails at RV Evans Company Distributors. The Commission upheld liability and awarded compensation for unpaid medical expenses of $3,055.00, with the case remaining open for further proceedings on temporary or partial disability benefits.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Angela Kern's slip and fall injury sustained on June 4, 2004, at Ortmann Stair Company in Franklin County, Missouri. The injury resulted in permanent partial disability to multiple body parts including the cervical spine, left shoulder, left knee, and left ankle.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Izudin Huskic for a back injury sustained from falling off a dumpster on March 15, 2000. The employee was awarded compensation for temporary disability, permanent disability of 25% body as a whole, and necessary medical aid totaling $40,291.55.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation for Steven Dubinsky, who suffered a head injury from being hit with a hockey stick during professional employment on January 28, 2003. The employee was awarded compensation for 10% permanent disability to the body as a whole, with medical aid of $10,635.00 already paid by the employer/insurer.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to employee Paul Probst, finding the award was supported by competent and substantial evidence. The Commission denied the employer's request for attorney fees and costs, finding no statutory authority to award such fees from the insurer for defending the claim.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to Earlene Smith for injuries sustained when she was assaulted by an unknown motorist on August 15, 2002, while in the course and scope of her employment. The Commission found the award was supported by competent and substantial evidence and in accordance with the Missouri Workers' Compensation Act.