Filtered workers' comp decisions

The Missouri LIRC modified the administrative law judge's award, finding that the employee's deep vein thrombosis (DVT) does pose a significant hindrance to employment, contrary to the ALJ's conclusion. The Commission increased permanent partial disability benefits against the Second Injury Fund, recognizing that the DVT combined with preexisting conditions caused greater overall disability than previously awarded.

The Commission modified the ALJ's award, affirming that the employee is permanently and totally disabled but reducing the apportionment of permanent partial disability attributable to the primary injury. The Commission found the ALJ's assessment of psychiatric disability (30%) excessive and credited Dr. Stillings' more conservative opinion of 3% psychiatric disability over Dr. Sky's assessment, while also addressing the lumbar spine disability component.

The Commission modified the Administrative Law Judge's award regarding a low back injury, finding that the employee's preexisting low back condition from 1999 lumbar fusion surgery should have been factored into the permanent partial disability analysis. The Commission awarded permanent partial disability benefits for the work-related low back injury and addressed Second Injury Fund liability related to the combination of preexisting and primary injuries.

The Missouri LIRC modified the administrative law judge's award regarding future medical treatment in Linda Thompson's workers' compensation case from March 8, 2010. The Commission clarified that the employee is entitled to all reasonably required medical treatment to cure and relieve the effects of her injury, without the restriction of requiring a qualified surgeon other than Dr. Chabot.

The Commission modified the administrative law judge's award, affirming Second Injury Fund liability for permanent total disability benefits due to the combination of the primary occupational disease (bilateral knee injury from work activity) with the employee's preexisting bilateral shoulder conditions. The Commission clarified that an occupational disease becomes a compensable injury only when it becomes disabling, and determined the proper date of injury for Second Injury Fund analysis purposes.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding Debra Arnold's workers' compensation case, primarily correcting the future medical care provision to remove the requirement that treatment be recommended by Dr. Volarich, an independent medical evaluator rather than a treating physician. The Commission affirmed the finding that Arnold is permanently and totally disabled as a result of her work-related injury and made clarifying technical modifications to the award.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award regarding a workers' compensation case involving Carolyn Jones, who sustained multiple injuries from a workplace fall on March 26, 2004, that aggravated preexisting cervical spine injuries. The Commission affirmed certain findings while modifying aspects of the temporary total disability awards, permanent partial disability rating, and Second Injury Fund liability determinations.

The Commission modified the Administrative Law Judge's award by affirming that the employee is entitled to additional medical treatment for his work-related injury from June 9, 2008, but reversed the requirement that treatment be provided by a specific physician, holding that the employer retains its right to select the treating physician. The Commission found that the employee failed to prove the employer waived its right to direct medical treatment and that the statute does not authorize appointment of a specific doctor.

The Commission modified the ALJ's award by affirming that Midwest Builders Casualty Mutual is responsible for past medical expenses ($3,557.41) and mileage reimbursement ($477.95), but reversed the requirement that the employee reimburse the insurer. The decision found no statutory authority under Missouri Workers' Compensation Law to order an employee to reimburse an insurer in this manner.

The Missouri LIRC modified the administrative law judge's award regarding an employee's work-related laryngeal carcinoma (throat cancer) that required laryngectomy and resulted in permanent disability. The Commission affirmed the finding of occupational disease but modified the disability ratings, also addressing preexisting conditions from a 1968 car accident and Second Injury Fund liability.

The Commission modified the administrative law judge's award regarding workers' compensation for Elizabeth A. Jordan, vacating the finding of permanent total disability while addressing disputes over rate of compensation, past medical expenses, and temporary total disability benefits. The decision required recalculation of the weekly compensation rate based on hourly wage earnings from the thirteen weeks preceding the injury.

The Labor and Industrial Relations Commission modified the October 4, 2010 Final Award finding the employee permanently and totally disabled, supplementing the ALJ's decision with additional analysis of expert depositions regarding the work-relatedness of psychiatric disability. The Commission found that additional significant evidence, including Dr. Wolfgram's contradictory 2010 deposition testimony regarding the employee's adjustment disorder with depressed mood, warranted modification of the prior award.

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, 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 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 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.