Filtered Decisions

The Commission affirmed the administrative law judge's award granting workers' compensation benefits to Gale Hardwick for a fall injury sustained on October 9, 2014, while working at a Conagra Foods facility. The employee was determined to be totally and permanently disabled and is entitled to permanent total disability benefits of $486.17 per week beginning May 8, 2015.

The Commission affirmed the administrative law judge's award of permanent total disability benefits to employee Candace Houchen for injuries sustained on January 13, 2006, when she was struck by plywood caught by wind while lifting at work. The employee is entitled to ongoing weekly compensation of $696.97 for life, along with medical expenses and mileage reimbursement.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Connie J. Carty for a lumbar spine injury sustained on November 8, 2011, during defensive tactics training when she fell backward after resisting her partner's grab. The employee's claim was found compensable under Missouri workers' compensation law, with temporary total disability payments and necessary medical aid previously provided by the employer-insurer.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in the case of deceased employee John Whelehon. The Commission found that the injury or occupational disease was not compensable under Missouri law and did not arise out of and in the course of employment.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent partial disability compensation in the amount of $9,291.60 for employee Jimmy Holifield's occupational hearing loss (tinnitus) caused by noise exposure at Mississippi Lime Company. The injury occurred on June 1, 2014, in Ste. Genevieve County, Missouri, and was determined to be compensable under Missouri Workers' Compensation Law.

The Commission affirmed the administrative law judge's decision denying workers' compensation to Arthur Carl Lewis, finding he failed to provide timely notice of his injury to his employer as required by Missouri law and failed to prove lack of prejudice. The Second Injury Fund claim was reinstated from dismissal but ultimately denied on the same grounds.

The Commission affirmed the administrative law judge's award allowing compensation for a severe right shoulder injury sustained on April 11, 2012, finding the employee suffered 32.5% permanent partial disability and is permanently and totally disabled based on the injury combined with preexisting conditions. The Commission rejected the Second Injury Fund's argument that permanent total disability requires explicit physician certification of inability to work, holding instead that the determination involves both medical and non-medical factors including the employee's ability to compete in the open labor market.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent and total disability benefits to employee Johnny Kittrell for a work injury sustained on October 30, 2012. The Commission found the employee credible regarding his symptoms and found the medical and vocational opinions supporting permanent total disability more persuasive than contrary expert testimony.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent total disability benefits to James Hood against the Second Injury Fund based on the combination of his primary injury from February 21, 2014, and preexisting disabling conditions from multiple prior work-related injuries. The Commission found that the 2014 amendments to § 287.220.3 RSMo did not apply because some preexisting injuries predated January 1, 2014, and the claim satisfied the statutory requirements under § 287.220.2 RSMo.

The Commission affirmed the Administrative Law Judge's award granting permanent and total disability benefits to Gary Gieck for bilateral knee injuries sustained on June 1, 2004, while employed at Ross Allen Floor Covering, Inc. The award included compensation for temporary disability already paid, necessary medical aid, and ongoing medical treatment for the bilateral knee injuries.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to David Sanderson for a low back injury sustained on October 27, 2009, while loading cardboard into a baler. The employee was awarded 80 weeks of permanent partial disability benefits totaling $28,631.20 due to 20% permanent partial disability of the body as a whole.

The Commission affirmed the ALJ's denial of enhanced mesothelioma benefits to the dependents of deceased employee Vincent Hegger, finding that such benefits are triggered only by affirmative employer action to accept liability under the statute. An employer that ceased to exist prior to the January 1, 2014 effective date of the enhanced mesothelioma benefit statute could not have taken the requisite affirmative steps to accept such liability.

The Commission affirmed the administrative law judge's award allowing compensation for a work-related injury involving hair loss and minor head contusion, with 2% permanent partial disability awarded for the head. The employee's claim for spine injury-related benefits was denied as not medically causally related to the reported work accident.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award on medical fee dispute regarding Timberlake Surgery Center's application for additional reimbursement of medical fees. The Commission found the award 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 of workers' compensation benefits to Tim Johnson for a compensable occupational injury to his low back and right ankle sustained on December 19, 2012. The employer and insurer were ordered to pay $67,421.69 in permanent disability compensation, with the Second Injury Fund liable for an additional $35,635.94.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Clayton Hosmann for claimed cumulative trauma injury to his lower back. The court found the employee lacked credibility and that medical evidence demonstrated his back condition was an unrelated progressive immune-mediated disease rather than an occupational injury.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits, finding that the employee failed to establish an identifiable traumatic event or accident as required by Missouri law. The employee's credibility was undermined by multiple inconsistent statements regarding how the alleged neck injury occurred, with varying accounts including lifting, twisting, swerving, and backing up incidents.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for William Chad Head's occupational injury to his back and neck sustained on October 2, 2006, while lifting a concrete screen. The Second Injury Fund was ordered to provide permanent total disability benefits, with the employer and insurer having settled the claim.

The Commission affirmed the administrative law judge's award finding that employee Candy Myers sustained a compensable right knee injury on December 18, 2015, while unplugging computer cords at work. The claimant is entitled to medical care and weekly benefits, with the award remaining temporary pending final determination.

The Commission affirmed the Administrative Law Judge's award of temporary total disability benefits to Lisa Leech for a right shoulder/arm injury sustained on August 5, 2015 while lifting tubs at her workplace. The employee was awarded 70.86 weeks of temporary total disability compensation at $142.38 per week, with ongoing benefits continuing from the hearing date until she is no longer temporarily totally disabled.

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to Joseph Parr for a neck strain sustained in a motor vehicle accident while working as an OTR truck driver on February 16, 2008. Although the injury arose out of and in the course of employment, it was determined to be non-compensable under Missouri Workers' Compensation Law, with no temporary or permanent disability awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Martin Sanchez-Rivera for injuries sustained in a fall from approximately 25 feet while framing a window on July 16, 2010. The employee was awarded permanent total disability benefits with compensation at a rate of $291.68 per week.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Kenneth Jones's low back injury that occurred in the course of his employment with Harley Davidson Motor Company. The employee was found to be permanently and totally disabled as a result of the accident, with liability established for past medical expenses and future medical care.

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to employee Henry L. Chester for an alleged back injury claimed to have occurred on June 5, 2012, while lifting bags. The employee failed to prove that he sustained an accident or occupational disease arising out of and in the course of his employment with Sonoco Products Company.

The Commission affirmed the administrative law judge's award finding that Thomas Popejoy's May 17, 2005 work injury resulted in paraplegia and permanent total disability, making the employer liable rather than the Second Injury Fund. The case addresses Second Injury Fund liability and disputes regarding future medical care coverage for the employee's work-related spinal cord injury.