Filtered workers' comp decisions

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.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Dontarius Marks, finding the employee's testimony lacked credibility. A dissenting opinion argued the employee should be found credible and that his injury arose out of and in the course of employment, though the majority's affirming decision prevailed.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Jason Harrington, finding he suffered a 20% permanent partial disability to his right knee from his work-related injury on November 18, 2013, combined with preexisting disabilities resulting in permanent total disability. The Commission clarified that while synergy between injuries is relevant to establishing permanent partial disability, the key to Second Injury Fund liability is demonstrating that the combination of the present compensable injury and preexisting disability results in permanent total disability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Cheryl Mincks, finding that her alleged injury while carrying a box down a ladder did not arise out of and in the course of her employment. No compensation was awarded despite medical expenses of $4,487.42 having been paid by the insurer.

The Missouri LIRC affirmed the administrative law judge's decision denying workers' compensation benefits to employee Clifford Austin because his claim was time-barred by the statute of limitations. The court held that workers' compensation payments made under Kansas law did not toll Missouri's three-year statute of limitations period, as the statute requires strict construction and payments must be made 'under this chapter' to qualify.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation, finding that the employee's preexisting conditions did not constitute a hindrance or obstacle to employment under the Second Injury Fund statute. The Commission determined that competent and substantial evidence supported the award and that it was made in accordance with Missouri Workers' Compensation Law.

The Commission affirmed the administrative law judge's award denying compensation, finding that while the employee's repetitive trauma at Cargill resulted in permanent total disability, he failed to prove a pre-existing disability necessary to claim Second Injury Fund benefits. The employee's occupational disease arose from years of repetitive workplace duties rather than a single traumatic event.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Deborah Tedder's July 26, 2011 slip and fall injury at the Department of Corrections, which resulted in diagnoses of post-traumatic stress disorder, traumatic brain injury, and post-concussion syndrome. A dissenting opinion argues the employee failed to establish medical causation of psychiatric disability and permanent total disability, citing inconsistencies in testimony and conflicting expert medical opinions.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in this case involving Teresa Flores' claim against Quaker Window Products Co. The claim was previously settled between the employer and insurer, and the Second Injury Fund was found not liable.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Archie Winnett for alleged occupational disease of peripheral compression neuropathies affecting his upper extremities. The claim was found not to be compensable as the injury did not arise out of and in the course of employment, resulting in no award of compensation or medical benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying compensation to Teresa Flores against the Second Injury Fund, finding no liability for permanent partial disability or wage loss benefits. Although the employee's amended claim was timely filed based on the addition of new body parts (neck) to the original occupational disease claim, the Commission upheld the denial of benefits.

The Commission affirmed the Administrative Law Judge's award denying compensation to James Schlereth for an alleged repetitive trauma occupational disease claim affecting his bilateral upper extremities sustained while working in the laundry. No benefits were awarded despite findings that the injury was compensable under Chapter 287 and met all statutory requirements for workers' compensation.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing compensation for the employee's claim of repetitive trauma to bilateral upper extremities. The Commission rejected arguments that the current occupational disease claim was settled by a prior acute low back injury claim, finding the applicants raised this theory for the first time on appeal without evidence it was presented at the administrative hearing.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for an employee who sustained hearing loss (ringing in the ears) after being assaulted by a subordinate and falling against a washing machine. Although the injury was found to be compensable and work-related, no compensation was awarded due to the absence of permanent disability.

The Commission affirmed the administrative law judge's decision denying all workers' compensation benefits for a corrections officer's claim of bilateral carpal tunnel syndrome. The court found that the alleged injury did not arise out of and in the course of employment, making it non-compensable under Missouri workers' compensation law.

The Missouri LIRC affirmed the Administrative Law Judge's award of workers' compensation benefits to Ronald Chilton for a severe hand and finger injury sustained when his right hand was caught in an industrial dough mixer on December 22, 2015. The Commission found the injury compensable under Missouri law and approved permanent disability benefits for finger amputation and disfigurement along with past medical expenses and temporary disability payments.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Thomas Walker for a low back injury sustained on August 15, 2014, when he slipped on a muddy hillside at the St. Louis Zoological Park. Walker was awarded permanent partial disability compensation of 20 percent of the body as a whole referable to the low back, with ongoing weekly payments.

The Commission affirmed the Administrative Law Judge's award of temporary partial disability compensation for an employee injured while working as a cuber operator at Oldcastle, Inc. The employer's termination based on alleged misconduct (frequent absenteeism) was found insufficient to bar compensation, as the employee had legitimate absences related to her work injury and medical care.

The Labor and Industrial Relations Commission affirmed the administrative law judge's temporary award allowing compensation of $824,242.26 to employee Cheryl Hayden. The Commission rejected the employer's due process and equal protection constitutional challenges, finding they were not properly raised at the administrative level and that the workers' compensation statutory scheme has been upheld by Missouri courts.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Michael Thomson for an injury sustained when he missed the last rung of a ladder and landed on his right foot. The Commission found that while an accident occurred, the accident did not constitute a substantial factor in causing the resulting medical condition, but rather was merely a triggering or precipitating factor under Missouri workers' compensation law.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to employee Ollie Hickmon for a work-related injury sustained on April 10, 2013, while lifting a repaired pallet at Propak Logistics. The decision awarded permanent total disability benefits beginning March 23, 2016, at a weekly rate of $501.06 for the remainder of the claimant's lifetime.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that the employee's left shoulder/arm injury sustained while installing a gas tank on July 6, 2017 was compensable under Missouri workers' compensation law. The Commission issued a temporary award ordering the employer/insurer to provide necessary medical treatment, with proceedings kept open for future final award determination.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to the employee, finding that the award was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law. The decision clarified disputed issues regarding maximum medical improvement determinations for psychiatric symptoms and future medical expenses for left arm injury, rejecting the employee's claims regarding Second Injury Fund liability and future medical treatment needs for the left arm.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits based on lack of jurisdiction under the Missouri Workers' Compensation Act. The Commission found that the employee's inconsistent testimony regarding work location, combined with evidence that the employer's principal operations were in Kansas and the employee reported daily to Kansas headquarters, failed to establish that the employee worked primarily in Missouri.