Filtered Decisions

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent partial disability compensation for employee John Dedear, rejecting his argument that the lump sum award should be prorated over his life expectancy under § 287.250.9 RSMo. The court held that proration only applies to compromise settlements approved by agreement of the parties, not to contested hearing awards.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for James A. Hudson's compensable injuries sustained while performing shoveling duties. A separate concurring and dissenting opinion argued the award should be modified to increase permanent partial disability compensation for recurrent right carpal tunnel syndrome from 17% to 25% at the right wrist level.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying compensation for a claimed right shoulder injury on May 24, 2001. The Commission found that while the injury was deemed compensable and work-related, no additional benefits were awarded to the employee.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Cynthia Rogers for a left knee injury sustained on January 4, 2003, at her workplace in St. Louis County. The award includes temporary total disability benefits, permanent partial disability benefits, permanent total disability benefits, and necessary medical aid totaling over $43,000, with the Second Injury Fund liable for a portion of the permanent disability and lifetime benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Sandra J. Pruett for a left knee injury sustained on April 13, 1999, while employed by Bleigh Construction Company. The Commission approved permanent total disability benefits beginning February 27, 2004, along with medical expenses and temporary disability compensation previously paid.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Diane Smith's occupational disease from repetitive use of her wrists, right upper extremity, shoulders and neck sustained on May 7, 1998. The employee was awarded unpaid medical expenses of $40,052.80 and 175 weeks of permanent partial disability compensation totaling $41,889.75, for a combined award of $93,021.96.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation for John Nienhause, who sustained a repetitive strain injury to his low back while employed by the City of Town & Country on November 17, 2002. The claimant was awarded 60 weeks of permanent partial disability compensation totaling $20,407.20 for 15% permanent partial disability of the body referable to the low back.

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits for William Kempker, who sustained a compensable back injury on February 24, 2001 while employed by ABB T & D. The claimant was awarded permanent total disability benefits beginning September 21, 2002, for his lifetime.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for a left elbow injury sustained by James Ignatz on March 8, 2000, in Franklin County, Missouri. The injury was found to be compensable under Missouri law, resulting in permanent partial disability benefits and a total award of $15,832.88 with Second Injury Fund liability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to Timothy Bauer, finding that he failed to prove a work-related accident or occupational disease. The claimant's alleged psychological/post-traumatic stress injury on November 9, 2003 was determined not to have arisen out of or in the course of his employment with Miller County Ambulance District.

The Commission affirmed the Administrative Law Judge's award granting workers' compensation benefits to Leonard Slankard for a slip and fall injury at work on August 12, 2002, that resulted in bilateral shoulder injuries with permanent partial disability. The Second Injury Fund was found liable for permanent total disability benefits at a weekly differential rate of $146.24.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to David Busch for a right knee injury sustained on January 18, 2002, while closing his employer's shop. The Commission approved a 45% permanent partial disability award along with medical expenses and temporary disability compensation.

The Missouri LIRC affirmed the administrative law judge's award of workers' compensation for Margaret Grubbs, who was struck by a car on October 11, 2001 while employed at Ford Motor Company in Claycomo, Clay County. The award granted permanent partial disability benefits for injuries to both upper extremities, the right lower extremity, and the back, with compensation rates of $628.90 for temporary total disability and $329.42 for permanent partial disability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to employee Maurnita White for injuries sustained when a chair collapsed on August 11, 2003. The employee was awarded 10% permanent partial disability of the body as a whole referable to neck and upper back injuries, along with temporary disability and medical expense coverage.

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to Richard Hazelwood for an alleged back injury while lifting objects onto a truck. The claim was denied because the injury was found not to have arisen out of and in the course of employment, and the employer did not receive proper notice of the alleged accident.

The Commission affirmed the administrative law judge's award of permanent total disability benefits for Larry Galkowski, a bus mechanic whose right hand was caught in an air compressor, amputating digits. The claimant was awarded $490.13 per week in lifetime compensation beginning August 5, 2002, with credit given for advances already paid.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying compensation to employee Linda Nowlin for an alleged injury on January 3, 2001, finding the claim barred due to lack of timely written notice. A dissenting opinion argued the administrative law judge erred by failing to consider exceptions to the written notice requirement and whether the employer had actual notice of the injury.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that employee Joni Dorsey sustained a compensable injury to her right lower extremity on December 13, 2003, arising out of and in the course of her employment at Moniteau Care Center. The Commission awarded temporary or partial disability benefits and unpaid medical expenses of $8,105.40, with the case kept open for further proceedings.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits, finding that the employee failed to provide timely notice of the accident to the employer and did not demonstrate lack of prejudice or good cause for the delay. The Commission determined that the notice issue was dispositive and all other disputed issues regarding medical causal relationship and benefits were rendered moot.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation to Rachel Roesler for a low back injury sustained while lifting a box on December 10, 2003. The employee was awarded 25% permanent partial disability of the body as a whole referable to the low back, with medical expenses of $13,598.31 paid by the insurer.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Velma Aaron for a right shoulder and thoracic injury sustained on April 1, 1999, while pulling a container at Lutheran Senior Services, Inc. The claimant was awarded $3,346.60 in total compensation for 5% permanent disability of the body as a whole related to the back and right shoulder.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits for James V. Aulbach's work-related right knee injury sustained on October 23, 1998, while installing channel iron into concrete floors. The employee was awarded 27.5% permanent partial disability benefits, with the Second Injury Fund providing permanent total disability benefits of $267.94 weekly differential for 44 weeks and thereafter $562.67 for the claimant's lifetime.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for Thomas Anderson's alleged lung injury from February 19, 1990. The Commission found that the injury did not arise out of and in the course of employment and therefore was not compensable under Missouri law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Linda Lawson for plantar fasciitis of the left foot sustained on September 1, 2001, while employed by Ford Motor Company. The employee was awarded 20% permanent partial disability (15% for primary injury and 5% preexisting) with medical benefits and compensation at the rate of $628.90/$329.42 weekly.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to David Ullum for an alleged injury on May 30, 2003. The claim was denied because the employee was engaged in exempt farm labor, which is not covered under Missouri's workers' compensation law.