Filtered workers' comp decisions

The Commission modified its prior award regarding permanent partial disability benefits calculation following a court mandate to recalculate based on full-time worker standards. The employer is now liable for $16,320.00 in permanent partial disability benefits at a rate of $204.00 per week for 80 weeks, with the Second Injury Fund liable for an additional $9,424.80 in enhanced benefits.

The Commission modified the ALJ's award to allow compensation for unpaid past medical expenses for employee Rodney Battles, who sustained a work-related back injury on October 5, 2016, requiring two back surgeries. The decision clarifies that an employer's duty to provide statutorily-required medical aid is absolute and unqualified under Missouri workers' compensation law.

The Commission modified its prior award regarding permanent partial disability benefits calculation following a Missouri Court of Appeals mandate. The case was remanded to recalculate benefits based on stipulated facts establishing a full-time employee work week of 40 hours and the employee's average weekly wage of $306.00, resulting in enhanced permanent partial disability benefits of $9,424.80 from the Second Injury Fund.

The Labor and Industrial Relations Commission modified the administrative law judge's award and decision in this workers' compensation case involving employee Pamela McCoy and employer Meridian Medical Technology. The Commission reviewed the case pursuant to § 287.480 RSMo and addressed issues regarding Second Injury Fund eligibility and permanent total disability claims under § 287.220.3.

The Commission reviewed an ALJ's decision on a 2013 workers' compensation claim involving multiple traumatic injuries and permanent partial disability claims against both the employer and the Second Injury Fund (SIF). The Commission found the ALJ failed to address employer liability before making determinations on SIF liability and denied the employee's request for remand, affirming the statutory requirements under section 287.330.3.

The Missouri Court of Appeals reversed the Commission's December 2020 award and remanded for reconsideration of whether the employee achieved permanent total disability status when combining her primary bilateral carpal tunnel injury with preexisting disabilities, including newly admitted vocational expert testimony and complete medical evaluation evidence. The Commission reconsidered the case on remand, admitting previously excluded vocational expert testimony documenting the employee's preexisting psychiatric disabilities (depression, PTSD, anxiety disorder) and modified its award accordingly.

The Labor and Industrial Relations Commission modified an administrative law judge's award regarding a January 23, 2015 work injury involving the employee's left shoulder and neck. The Commission affirmed the determination that the Second Injury Fund is liable for permanent total disability benefits beginning June 28, 2017, after the employee reached maximum medical improvement, with preexisting lumbar spine and pancreatitis conditions contributing to the overall disability.

The LIRC affirmed the ALJ's findings that the employer unreasonably denied the employee's workers' compensation claim for work injuries sustained on September 19, 2017, and ordered provision of additional medical treatments including MRI imaging, physical therapy, and EMG/NCS testing. The LIRC modified the award only regarding attorney's fees and costs, finding that issue not yet ripe for consideration at the temporary award stage and remanding for future resolution once the case is fully developed.

The Missouri Court of Appeals affirmed the Labor and Industrial Relations Commission's award for three injury claims but reversed the award in Injury No. 12-107133, remanding to the Commission for permanent total disability benefits. The Commission awarded the Second Injury Fund as liable for permanent total disability benefits commencing February 4, 2015, at a differential rate of $258.95 for 18.45 weeks and thereafter at $692.53 per week for the employee's lifetime.

The Commission modified the administrative law judge's award regarding Daniel Tucker, Jr.'s April 9, 2001 workplace injury, finding the primary injury was the substantial cause of his hernia and determining liability for past medical expenses, temporary total disability, and future medical care. The Commission addressed discrepancies in the temporary total disability calculation and resolved disputes between the employer/insurer and the Second Injury Fund regarding liability for the employee's permanent and total disability benefits.

The LIRC modified the administrative law judge's award, allowing compensation for temporary total disability underpayment of $306.00 based on corrected weekly compensation rate of $204.00. The employee was determined to be 20% permanently partially disabled (10% cervical/thoracic spine, 10% lumbar spine) from an August 15, 2012 injury, with maximum medical improvement reached on September 10, 2012.

The Labor and Industrial Relations Commission modified the administrative law judge's award, increasing past medical expenses from $6,711.65 to $7,597.88 based on the parties' stipulation. The Commission affirmed the judge's conclusions on liability for the September 6, 2012 workplace injury and ordered payment of medical bills to Freeman Health System and the employee.

The Commission modified the administrative law judge's award regarding post-injury misconduct and temporary total disability benefits in a workers' compensation case involving a registered nurse injured on January 11, 2014. The employee was awarded permanent partial disability benefits for both a left ankle peroneal nerve injury and right elbow olecranon bursitis with MRSA, though the Commission addressed employer's misconduct allegations.

The Commission modified the Administrative Law Judge's award in a workers' compensation case involving Roy Dale Franklin's occupational disease injury to his lumbar spine with onset in April 2014. The employee was found to be permanently and totally disabled with Second Injury Fund liability, though the Commission clarified the application of § 287.220.3 RSMo regarding which preexisting disabilities qualify for consideration.

The Labor and Industrial Relations Commission modified the administrative law judge's award in a workers' compensation death case involving Jacob Williams, sole member of Reeds, LLC, who died when a truck bed fell on his chest. The Commission addressed calculation of the employee's average weekly wage using exceptional circumstances provisions and determined the division of death benefits between the widow Laura Williams and the children from the employee's prior marriage, Courtney and Kennedy Williams.

The Labor and Industrial Relations Commission modified the administrative law judge's award granting permanent total disability compensation to Karen Ritchie for an occupational disease, adjusting the benefit start date from her termination date to her date of maximum medical improvement (May 2, 2018). The Commission affirmed the underlying award of $861.04 per week for life but corrected the calculation methodology to comply with Missouri workers' compensation law.

The Labor and Industrial Relations Commission modified the administrative law judge's award, finding the employer and Second Injury Fund liable for permanent total disability benefits to employee Helen Baker for multiple work-related injuries sustained on February 14, 2011. The Commission adjusted the liability allocation between the employer and Second Injury Fund while maintaining the finding that employee is permanently and totally disabled.

The Commission modified the Administrative Law Judge's award regarding Second Injury Fund liability in a workers' compensation case involving a back and left shoulder injury sustained on August 10, 2009. The decision addresses whether subsequent low back treatment was causally related to the primary injury and determines the extent of employer and Second Injury Fund liability for medical expenses and disability benefits.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award in a workers' compensation case involving William Haynes, who sustained work-related injuries including facial lacerations, nasal and orbital fractures, concussion, and L3 compression fracture on April 22, 2015. The Commission adjusted the award and decision while adopting the ALJ's findings to the extent they were not inconsistent with the modifications, addressing issues of compensability, wage rates, medical causation, and permanent partial disability ratings.

The Commission modified the administrative law judge's award regarding a work-related occupational disease (L4-5 disc herniation) sustained by Jeffrey Dudley while employed at Chrysler LLC on July 10, 2008. The decision addressed the prevailing factor causing the injury, employer's liability for past medical expenses, and the Second Injury Fund's liability.

The Commission modified the administrative law judge's award in a workers' compensation case involving Justin Kent's low back injury from December 4, 2008. The Commission modified findings regarding permanent total disability, payment of past medical bills, and temporary total disability benefits while affirming other aspects of the decision.

The Commission modified the administrative law judge's award, increasing the employee's average weekly wage calculation for a part-time healthcare worker beyond the 30-hour limitation previously applied. The case involved disputes over wage calculation methodology, liability for past medical expenses totaling $13,962.60, and future medical care coverage for a worker with 10% permanent partial disability.

The Missouri Court of Appeals affirmed in part and reversed in part the original LIRC award for Danny Harris. Following the Court's mandate, LIRC modified its prior decision to award 20% permanent partial disability of the body as a whole, totaling $26,477.60 in benefits.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding past medical expenses and future medical benefits for employee Claudio Lopez's workers' compensation claim. The Commission reviewed whether Taylor Roofing and the Second Injury Fund were liable for medical expenses totaling $122,923.08 and future medical care.

The Labor and Industrial Relations Commission modified the administrative law judge's award in this workers' compensation case involving employee Manuel Duarte's occupational disease claim affecting his right shoulder. The Commission affirmed the finding of a work-related occupational disease with permanent total disability benefits, though the case involved procedural complications due to the employee's death during the appeal process.