Filtered Decisions

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to William Copeland for a lumbar spine injury sustained in a motor vehicle accident on August 13, 1997. The claimant was awarded 25% permanent partial disability, unpaid medical expenses of $178.36, future medical care authorization, and 100 weeks of permanent partial disability compensation totaling $27,842.00.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award determining that the employee's automobile accident occurring on April 7, 2004, during the course of employment was compensable under Missouri workers' compensation law. The decision is temporary or partial, with proceedings kept open for a final award to be made.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Wanda Crockett's occupational injury to her left wrist and thumb sustained while performing repetitive activities at Ford Motor Company on August 7, 2002. The Commission found the injury compensable under Missouri law with 25 percent permanent disability to the left wrist and approved the Second Injury Fund liability of $5,918.08.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to the widow of Fred Schoemehl for an injury sustained on May 11, 2001. A dissenting opinion argues the decision should be modified regarding the treatment of unaccrued compensation benefits after the employee's death on January 2, 2004.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Michael W. Scott for a right shoulder injury sustained on January 19, 2001, while lifting a battery changer for a forklift. The employee was awarded 10% permanent partial disability of the right upper extremity at the 232-week level, along with temporary total disability compensation and medical benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Jeanette Jones for an alleged psychiatric injury sustained while administering dialysis at Washington University on December 30, 2000. The Commission found that although an accident occurred, it did not arise out of and in the course of employment, making the injury non-compensable under Missouri workers' compensation law.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation for Penny Austin's occupational injury sustained on June 18, 1998 while performing repetitive work duties. The claimant was awarded 25% permanent partial disability benefits with a weekly compensation rate of $257.78, though future medical care and additional temporary total disability compensation were denied.

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to William Davis for a work-related back injury on October 17, 2002, finding no permanent disability despite the accident being work-related. A dissenting opinion argued the decision was erroneous because both medical experts testified employee sustained permanent disability, and substantial evidence showed a change in condition at L4/5 following the injury.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to employee John Connors for his April 25, 2000 workplace injury. One commissioner dissented regarding the denial of permanent total disability benefits, arguing the evidence established the employee's inability to return to any normal employment due to physician-imposed restrictions.

The Commission affirmed the Administrative Law Judge's award allowing $214.75 in unpaid emergency room costs for a work-related seizure suffered by a police officer while waiting to testify in court. The Commission also affirmed the denial of permanent partial disability benefits, finding that the employee sustained no physical injury and returned to full-duty status with no work limitations.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Mike Burks' left shoulder injury sustained on July 31, 2000, when he slipped while carrying an overhead hood at a Ford Motor Company facility in St. Louis County. The employee was awarded compensation for 7.5% permanent partial disability of the left shoulder, with necessary medical aid of $1,667.85 paid by the self-insured employer.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying compensation to Elena Guerra for an alleged work injury on October 12, 2001. The Commission found the denial 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 to Raymond Nelson for a right shoulder injury sustained on November 30, 2001, while employed at ABB Power T & D Company. The award included temporary disability compensation, permanent partial disability benefits, and medical aid, with the Second Injury Fund contributing to permanent total disability benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Dan Whitt for injuries sustained in a fall from a silo platform on September 11, 1998. The claimant was determined to have permanent and total disability resulting from multiple injuries to his lower body and was awarded compensation for temporary disability, medical expenses, and ongoing benefits.

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Gary C. Shroder for a back injury allegedly sustained in June 2002 while placing baskets and steel forms at a construction site. Although a dissenting opinion argued the injury was compensable as an unexpected result of usual work duties, the majority found the evidence insufficient to support compensation despite the employee's testimony of acute onset symptoms and notification to his supervisor.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Scott Davis for a back injury sustained on January 28, 2000, while lifting patients at his employer's facility. The claimant was awarded permanent total disability status with compensation for temporary disability, medical expenses, and attorney's fees.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation to Garry W. Buescher for a brain injury sustained on October 25, 2000, rejecting the employer's request for a 15% reduction based on failure to wear a seatbelt. The majority found the employer failed to prove the employee's injuries were caused by willful failure to use the safety device, though a dissenting member disagreed with this determination.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to employee Ajka Muminovic, finding that the alleged injury did not arise out of and in the course of employment. No compensation was awarded despite $6,752.52 in medical aid already paid by the insurer.

The Commission affirmed the administrative law judge's dismissal of the workers' compensation claim on jurisdictional grounds, finding that the Division of Workers' Compensation lacked jurisdiction because the employment contract was not made in Missouri. The employee failed to establish that the contract of employment was made in Missouri, as required by Section 287.110.2 RSMo, and the employer's testimony regarding employment practices was found more credible than the employee's assertion of a job offer during a telephone conversation.

The Commission affirmed the administrative law judge's decision awarding no compensation to the employee for claimed right carpal tunnel syndrome as an occupational disease. The employee failed to establish sufficient evidence that the condition arose from occupational exposure greater than that affecting the general public and directly linked to distinctive features of the employment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying all workers' compensation benefits to employee Paul Frost for an alleged workplace injury on April 14, 2002. The Second Injury Fund's application for review was rejected as erroneous since the original decision explicitly awarded no Second Injury Fund benefits, leaving no justiciable issues for appeal.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award in a workers' compensation case involving employee William R. Davis and employer J. T. Pitts for an injury sustained on October 31, 2001. The decision addressed whether the employer was entitled to a 15% reduction in compensation under Section 287.120.6(1) RSMo based on the employee's violation of the employer's alcohol policy.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Regina Davis for an alleged injury on November 20, 2000. The Commission found that there was no compensable accident or occupational disease arising out of and in the course of employment, resulting in no compensation awarded.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Marcus Bentley for an alleged back injury on October 16, 2003. The claimant failed to prove that his physical complaints were related to a work incident and therefore no compensation was awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for an ironworker who sustained a repetitive strain injury to his right upper extremity while employed by Vee-Jay Cement Construction Company. The claimant was awarded compensation for temporary total disability, permanent partial disability to the elbow and wrist, and disfigurement.