Filtered workers' comp decisions

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 Joseph Abt's occupational hearing loss in his left ear caused by industrial noise exposure. The employee was awarded $637.36 in permanent partial disability compensation at a rate of $433.58 per week, with the claim properly filed and all procedural requirements satisfied.

The Missouri Court of Appeals reversed in part and remanded the Commission's March 2012 decision; the Commission on remand issued a Final Award allowing compensation for Larry Abt's January 15, 2001, work-related injury sustained when a locomotive he was operating collided with a truck. The employee sustained a degloving injury to his left calf, lower back injuries, and fractured ribs, with subsequent injuries to his left ankle and wrist, and was found employable at heavy workload demand level despite preexisting conditions.

The Commission awarded permanent total disability benefits to Larry Abt from the Second Injury Fund, along with permanent partial disability benefits from his employer for injuries to his left lower extremity, ribs, and lumbar spine sustained in 2001. The award was issued in compliance with a Missouri Court of Appeals mandate requiring calculation of liability between the employer and Second Injury Fund, and included reimbursement for past medical expenses.

The Commission affirmed the Administrative Law Judge's decision denying the employee's claim for permanent partial or permanent total disability benefits against the Second Injury Fund resulting from her October 2, 1999 injury. The Commission found that the employee failed to meet her burden of proof on the disability claim, though it addressed procedural issues regarding the admissibility of medical testimony.

The Commission affirmed the administrative law judge's award allowing workers' compensation for Joel Adams' work-related abdominal injury, including future medical care. The decision upheld the award based on competent and substantial evidence showing the employee suffers from near-constant severe abdominal pain requiring ongoing pain management medications prescribed by treating physicians.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Kenneth Adams (deceased, represented by Brenda Adams) for a low back injury sustained on May 30, 2002, while lifting heavy doors at McBride & Son Enterprises. The total compensation awarded was $141,877.87, including unpaid medical expenses, temporary total disability benefits, and permanent partial disability benefits of 30% of the body as a whole referable to the low back.

The Commission affirmed the administrative law judge's award denying compensation and finding the employee sustained only 5% permanent partial disability to the body as a whole from the October 20, 2004 injury, which did not trigger Second Injury Fund liability. The employee failed to establish permanent total disability, as the evidence did not support that she was unable to compete in the open labor market.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for an employee who suffered a low back and femoral hernia injury when a tarp tore while attempting to cover a sand load on his trailer on February 17, 2003. The employee was awarded 12.5% permanent partial disability to the body as a whole, 50 weeks of permanent partial disability compensation at $340.12 per week, and additional temporary total disability compensation.

The Commission affirmed the ALJ's award of workers' compensation benefits to an employee who fell at work on December 31, 2009, sustaining injuries to her left arm, shoulder, hip, and back. The employee was awarded past medical expenses, temporary total disability benefits, permanent partial disability benefits, and disfigurement compensation.

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to the dependent son of Michael C. Agnew, who died from injuries sustained in a 25-foot fall from a roof on March 26, 1999. The dependent is entitled to weekly compensation of $562.67 for the lifetime of the deceased employee's dependent son, with a credit for overpayment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Gary Ahern for injuries resulting from a seizure-induced fall on February 14, 2006, based on the idiopathic cause exclusion under Missouri workers' compensation law. One commissioner dissented, arguing the fall arose out of and in the course of employment and the idiopathic exclusion should not apply.

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to the dependent of a deceased school bus driver (Joe Ainsworth) who died following a bus accident. The case involved disputed medical theories regarding whether the employee's death resulted from a compensable work-related injury or other causes.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Jon E. Akins for injuries sustained in a fall on August 1, 2004. Although the accident occurred during employment and proper notice was given, the claim was denied, resulting in no compensation or medical benefits being awarded.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation to employee Toni Akins for an injury occurring on March 19, 1996. The Commission found the award was supported by competent and substantial evidence and made in accordance with the Missouri Workers' Compensation Act.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Maria Alamo for a left hand injury caused by a drill puncture wound sustained on May 9, 2005, while employed by Adecco. The claimant was awarded compensation totaling $2,809.92 for 7.5% permanent disability and disfigurement benefits.

The Commission affirmed the Administrative Law Judge's decision denying compensation to Allen Alcorn for a back injury claimed to have occurred on April 14, 2006, while employed as a truck driver. The case involved a procedural dispute regarding retroactive application of a 2005 statutory amendment requiring written notice of occupational disease within 30 days of diagnosis.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that Mark Alcorn's back injury sustained while driving a dump truck at a road construction site on June 3, 2005, was compensable under Missouri workers' compensation law. The Commission determined all elements of compensability were satisfied and the claim was properly filed, awarding temporary total disability benefits and necessary medical expenses.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Roger Alford, finding that his alleged occupational disease of the back and knees did not arise out of and in the course of his employment. No benefits were awarded, and the case remains open for potential future proceedings.

The Commission affirmed the Administrative Law Judge's award denying compensation to Allen Alcorn for an alleged occupational back injury from repetitive heavy lifting. The case hinged on whether newly amended workers' compensation notice requirements should be applied retroactively to bar the employee's claim.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Cheri Allen's neck/shoulder injury sustained on May 14, 2004, while employed at Luther Manor Retirement & Nursing Center and Quality Inn/Hannibal Area Hotel Group. The injury resulted from repetitive motion activities including pushing, pulling, bending, lifting, and cleaning, with permanent disability assessed at 17.5% body as a whole.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for Deborah Allen's occupational disease injury involving bilateral hands, fingers, and right shoulder sustained from repetitive motion activities on May 1, 2007. The Second Injury Fund was determined liable for 11.25 weeks of permanent partial disability compensation totaling $4,236.19.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to James Allen for a work-related injury occurring on May 5, 2015. The employee was awarded 169 weeks of permanent partial disability and 6 weeks of disfigurement compensation totaling $78,928.50, with medical aid of $57,814.59 already provided.

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 Administrative Law Judge's decision denying workers' compensation benefits to Kimberly Allen for an alleged injury on July 28, 2001. The claim was found not to be compensable under Chapter 287 as the injury did not arise out of and in the course of employment.