Filtered workers' comp decisions

The Commission affirmed the administrative law judge's award of permanent partial disability compensation for cervical spine injury from a November 30, 2008 work injury, finding insufficient medical evidence to support the employee's claim of permanent total disability. The single medical expert in the case explicitly avoided certifying permanent total disability, and the Commission determined that self-reported limitations and vocational expert opinion alone do not constitute competent and substantial evidence for permanent total disability status.

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Pauline Nugent for a wrist fracture. The claim was denied because the injury, sustained from tripping on a parking island while walking in a parking lot, did not arise out of or in the course of employment despite occurring on employer premises.

The Commission affirmed the administrative law judge's award of workers' compensation for employee Jessica Hurd's work-related knee injury sustained on May 31, 2017, finding that Dr. Volarich's medical opinion was supported by competent and substantial evidence and entitled to greater weight than the employer's expert's opinion. The decision upheld compensation despite the employer's challenge regarding the basis of Dr. Volarich's medical assessment.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Debbie Gray for an alleged cervical spine injury occurring in March 2005. The injury was found not to have arisen 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 denying workers' compensation to Kevin Parvin for alleged occupational disease injuries to his arms, back, and neck from repetitive work activities. A dissenting opinion argued the employee sustained a compensable occupational disease from repetitive use of his arms while carrying fertilizer bags and raking, though the majority upheld the denial of compensation.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award granting workers' compensation benefits to Robert L. Davis for an occupational disease injury. The Commission disregarded the employee's unemployment compensation findings as statutorily prohibited from use in workers' compensation proceedings under § 288.215.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation to employee Linda Daugherty. The Commission rejected employee's argument to pierce the corporate veil to hold Gary and Doris Morris liable as the actual employers.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation to Robert L. Davis for a work-related lower back injury on April 6, 2013. A dissenting opinion argued the employee failed to prove a compensable accident and that medical records did not document the alleged traumatic incident.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to employee Cindy A. Rowe. The decision was supported by competent and substantial evidence and made in accordance with Missouri Workers' Compensation Law.

The Commission affirmed the Administrative Law Judge's award denying compensation for an occupational disease claim involving repetitive stress to both upper extremities, finding res judicata principles precluded recovery. The employee had previously settled the same occupational disease claim on April 15, 2010, and the Commission found the denial of benefits was supported by competent and substantial evidence.

The Commission affirmed the administrative law judge's award allowing workers' compensation for Keith Persley's acute subscapularis tear, finding the work accident was the prevailing factor in causing the injury and disability. The decision upheld reimbursement for reasonable and customary medical expenses, including reverse shoulder replacement surgery deemed necessary to cure and relieve the effects of the work injury.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying all workers' compensation benefits, finding no compensable injury or occupational disease occurred. The employee was not in the employ of the alleged employers at the time of the alleged March 24, 2015 incident.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Theodis Brown for an alleged injury on July 19, 1976. The Commission found that the injury was not compensable under Missouri law, with no accident or occupational disease established and improper notice to the employer.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing compensation to Richard Raney for a thoracic spine injury allegedly sustained while stocking shelves on February 27, 2017. The Commission approved underpaid temporary total disability compensation of $148.00 and affirmed the attorney's fee allowance.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Theodis Brown, finding no compensable injury or occupational disease occurred. The employee was ordered to pay the alleged employer's attorney fees of $468.85 for prosecuting the appeal without reasonable grounds.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for Jerry Tarpley's right knee injury sustained on August 5, 2010, while employed at Bartch Roofing Company, Inc. The claimant was awarded 36% permanent partial disability of the right knee with compensation from both the employer and the Second Injury Fund.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Edward Sebelius's work-related torn meniscus injury sustained on February 10, 2015. The decision upheld liability for past medical expenses of $35,681.23 related to knee surgery performed by Dr. Corey Solman on July 14, 2015, despite the employer's argument that the treatment was unauthorized.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to DeUngria Croft for an alleged back injury sustained while moving a refrigerator at Courtesy Diner on March 16, 2015. The claim was found non-compensable because the injury did not arise out of and in the course of employment, proper notice was not received, and the claim was not filed within the required timeframe.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to claimant Daniel Deluca for an alleged occupational disease to his low back occurring on October 13, 2013. The judge found that although the injury arose out of and in the course of employment, it was ultimately not compensable under Missouri law, and no benefits were awarded.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits for an employee allegedly exposed to Lysol spray, finding no compensable injury or occupational disease. No benefits were awarded, and the Second Injury Fund had no liability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation to employee Jonathan Parker for cervical and shoulder injuries. The Commission issued technical corrections to the ALJ's opinion regarding the timing of the cervical fusion surgery and the identity of the treating physician, but found the ALJ's legal reasoning and analysis of the evidence sound.

The LIRC affirmed the administrative law judge's award of permanent partial disability benefits of $16,837.52 against the Second Injury Fund for an employee with a primary thoracic spine injury combined with a preexisting lumbar spine injury. The Commission determined that the employee's preexisting lumbar disability constituted a potential hindrance or obstacle to employment despite his past ability to work, and the current work-related thoracic spine injury combined with the preexisting condition to cause greater overall disability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation to Carole Jones for injuries sustained while lifting heavy bags at a Menard's store on September 14, 2015. The majority found that the employee failed to establish that her work injury was the prevailing factor in causing her back and shoulder injuries, though a dissenting opinion disputed this finding based on the medical evidence of persistent symptoms since the date of injury.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for James Allen's occupational injury occurring on February 1, 2015. The claimant was awarded 109 weeks of permanent partial disability compensation totaling $49,161.18, with medical aid of $28,393.02 already provided by the insurer.

The Commission affirmed the ALJ's award allowing workers' compensation benefits for Jimmy Mickelberry, finding that a February 6, 2015 work injury was the prevailing factor in causing cervical radiculopathy and bilateral carpal tunnel syndromes, resulting in permanent total disability when combined with pre-existing conditions. The employee's primary injury and the combined effect of pre-existing and work-related disabilities were supported by credible medical testimony from Dr. P. Brent Koprivica.