Filtered Decisions

The Commission modified the administrative law judge's award regarding a meat cutter's October 11, 2006 stabbing injury to the right forearm at Swiss Meats, finding a 5% permanent partial disability and disfigurement equivalent to 14 weeks of disability. The employee's preexisting cardiovascular condition (30% permanent partial disability) was found to constitute a hindrance to employment, relevant to Second Injury Fund considerations.

The Commission modified the ALJ's award to clarify inconsistent findings regarding permanent partial disability, finding the employee sustained 17.5% permanent partial disability of the body as a whole from a June 16, 1999 assembly line injury at Ford Motor Company. The Commission allowed compensation for the work-related back injury while addressing the conflicting determinations made by the ALJ.

The Commission modified the ALJ's award, allowing compensation for a November 22, 2002 work-related left shoulder injury (adhesive capsulitis) that resulted in permanent partial disability. The case involved determination of disability ratings and Second Injury Fund liability when combined with a preexisting June 1999 back injury.

The Commission modified the administrative law judge's award regarding Michael Webb's right knee arthritis claim from a work injury on December 1, 2005. The Commission disagreed with the ALJ's finding of medical causation between the work injury and arthritis, finding the evidence supported that the arthritis resulted from chronic degenerative processes rather than the acute work-related injury.

The Commission modified the administrative law judge's award, finding that the work-related back injury from February 5, 2001 was a substantial factor in the employee's ongoing medical condition and disability, contrary to the ALJ's determination that a new injury in May 2002 severed the causal connection. The Commission credited the treating neurosurgeon's testimony over other medical experts and awarded additional compensation for post-July 2001 medical treatment and disability benefits.

The Commission modified the administrative law judge's award, affirming 35% permanent partial disability of the right knee but reversing the requirement for employer to provide total knee replacement surgery. The Commission found that while the work injury accelerated pain and degradation, the need for knee replacement stemmed from pre-existing degenerative arthritis rather than the work accident, though employer remains responsible for necessary pain management.

The Missouri LIRC modified the administrative law judge's award regarding Second Injury Fund liability for an employee who sustained a 10% permanent partial disability of the low back from a work injury on May 20, 2006. The employee had multiple preexisting conditions including prior shoulder, knee, and ankle injuries, and was entitled to compensation from the Second Injury Fund based on the nature and extent of the primary injury combined with preexisting disabilities.

The Missouri LIRC modified the ALJ's award regarding Marion Lamberson's workers' compensation case, affirming that a July 18, 2005 accident was the prevailing factor in causing his lower back injury requiring fusion surgery and resulting in permanent total disability when combined with preexisting conditions. The Commission disagreed with certain aspects of the ALJ's analysis regarding the maximum medical improvement date and liability issues while ultimately affirming the employee's permanent total disability status and Second Injury Fund liability.

The Commission modified the administrative law judge's award, reducing the employee's permanent partial disability rating for a left knee injury from 30% to 20% at the 160-week level. The Commission found the higher rating excessive and unsupported by the medical evidence, particularly the extensive examination conducted by the employee's independent medical evaluator.

The Commission modified the administrative law judge's award of permanent partial disability benefits, reducing the weekly calculation rate from $408.00 to the statutory maximum of $354.05 for the applicable period. The total liability for permanent partial disability benefits was reduced to $56,205.44, with disfigurement compensation set at $7,081.00 and permanent partial disability compensation at $49,124.44.

The Missouri LIRC modified its March 9, 2011 temporary award regarding medical treatment for an employee's work-related bilateral upper extremities injury from repetitive computer work. The Commission reversed the administrative law judge's designation of a specific treating physician and instead awarded the employee the right to reasonable medical treatment as needed to cure and relieve the injury effects.

The Commission modified the ALJ's award by allowing the employer a full credit for medical benefits paid to the professional athlete employee under contract, in addition to salary continuation benefits previously allowed. The employee was awarded permanent partial disability benefits for low back and right hip injuries sustained on May 3, 2002, along with future medical care coverage.

The LIRC modified the ALJ's April 15, 2010 award, agreeing that the employee is entitled to future medical care but disagreeing with the directive that it be provided by a specific physician. The Commission also reversed the ALJ's evidentiary rulings regarding Social Security Administration records, finding them relevant to establishing the disabling nature of the work-related injury.

The Commission modified the ALJ's award regarding Second Injury Fund liability for an employee with multiple work-related injuries including a primary injury on April 19, 2007, combined with preexisting conditions affecting the knees, back, shoulders, and other body parts. Medical expert testimony indicated the employee is permanently and totally disabled as a result of the work-related injury combined with preexisting medical conditions, though the ALJ had initially awarded a 22% load factor rather than full permanent total disability benefits.

The Commission modified the administrative law judge's award, which had found the employee permanently and totally disabled from a March 15, 1999 work injury involving a slip on a wet floor causing lumbar strain. The Commission reviewed whether the employee was entitled to temporary total disability benefits from March 11, 2003 through April 25, 2004 and the extent of permanent disability resulting from the work injury.

The Commission modified the administrative law judge's denial of permanent partial disability benefits for the employee's lumbar injury from the April 13, 2006 work accident. The Commission found that the employee's medical evidence, particularly Dr. Volarich's testimony, sufficiently established that the work accident was the prevailing factor in causing the employee's disc bulges and lumbar syndrome, entitling the employee to compensation.

The Missouri LIRC modified its December 7, 2010 temporary award to correct the temporary total disability rate to $666.41 as stipulated by the parties, after the employee challenged the rate used in the original award. The proceedings remain open pending a final award on the merits of the workers' compensation claim.

The Missouri Court of Appeals affirmed the Commission's November 2009 Final Award in all respects except future medical expenses, which it reversed and remanded. The Commission awarded future medical benefits for pain management and ongoing treatment related to the employee's June 2003 compensable low back injury, including medications, physical therapy, nerve block injections, and physician monitoring.

The Commission modified the administrative law judge's award by affirming liability of the Second Injury Fund for 42 weeks of permanent partial disability but reversing the award of attorney fees and costs against the Second Injury Fund. The Commission found that the Second Injury Fund did not defend the claim without reasonable ground, thus fees and costs under § 287.560 RSMo were not warranted.

The Missouri LIRC modified the administrative law judge's award by reversing the assessment of attorney fees and costs against the Second Injury Fund, while affirming liability for 13.2 weeks of permanent partial disability. The Commission found that the Second Injury Fund presented a valid defense and therefore did not defend the claim without reasonable ground as required under § 287.560 RSMo to assess costs.

The Commission modified the ALJ's decision by finding that the employee attained maximum medical improvement (MMI) on January 24, 2005, rather than December 14, 1998, based on evidence of continued treatment and surgeries after the initial MMI date. The employee was found to be permanently and totally disabled due to preexisting disabilities combining with permanent partial disabilities from a February 1996 work-related injury, with the Second Injury Fund liable for ongoing permanent total disability benefits.

The Commission modified the ALJ's award by rejecting the apportionment of permanent partial disability to preexisting conditions, finding no competent evidence supported such apportionment. The Commission affirmed the disability ratings of 25% for the left shoulder and 18% for the left elbow, but attributed all such disability to the October 2006 work-related injury.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award regarding Second Injury Fund liability for Donald Mayse, who was found to be permanently and totally disabled due to a combination of his work injury and preexisting disabling conditions. The Commission affirmed Missouri jurisdiction and permanent total disability status but corrected the calculation of Second Injury Fund compensation to properly account for the extent of permanent partial disability from the last injury.

The Commission modified the administrative law judge's award regarding whether the alleged dependent Irene Goff retained the right to continuing permanent total disability benefits after the employee's death. The decision applies the June 2008 statutory amendments that rejected the Schoemehl decision and terminated unaccrued permanent total disability compensation rights upon the injured employee's death, analyzing whether these amendments applied retroactively to this case.

The Commission reviewed the administrative law judge's June 14, 2010 award and affirmed it except for a modification to question 3 on page 1, changing the answer from "yes" to "no." The final award denies workers' compensation benefits based on competent and substantial evidence in accordance with Missouri Workers' Compensation Law.