Filtered workers' comp decisions

The Commission affirmed in part and reversed in part the administrative law judge's award denying compensation for a November 2001 work accident in which the employee's chair suddenly dropped, causing low back injury. The case involved disputed claims regarding permanent disability, occupational disease, and medical causation related to the low back injury.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding attorney fees in this workers' compensation case, reducing the fee cap and clarifying its application. The Commission affirmed the underlying compensability determination for an occupational disease injury occurring on May 7, 2004, but adjusted the attorney fee award from 25% (capped at 100 weeks) to 20% of benefits without a week-based limitation.

The Commission modified the administrative law judge's December 2, 2009 award in a workers' compensation case involving a right shoulder injury sustained by journeyman lineman Jack Sanderson on January 14, 2004. The case addressed medical causation, past medical expenses, future medical care, temporary total disability, and permanent partial disability benefits, with the employee appealing the award of temporary total disability benefits and past medical expenses.

The Missouri LIRC modified the administrative law judge's award regarding the Second Injury Fund's liability for wage loss benefits in a dual employment workers' compensation case. The Commission upheld the calculation of additional wage loss benefits of $3,717.27 based on the employee's documented extra income from dual employment at the time of the July 12, 2002 injury.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to employee Richard Hatton but reversed the portion assessing costs and attorney's fees against the employer, finding the employer had reasonable grounds to defend the claim based on a question of law under the 2005 amendments to the Workers' Compensation Law. A dissenting opinion argued the award should have been affirmed in its entirety with costs and attorney's fees assessed against the employer for the appeal.

The Commission modified the Administrative Law Judge's award by affirming the 35% right upper extremity permanent partial disability benefits but reversing the award of costs and attorney fees. The Commission found that while the employee established entitlement to workers' compensation benefits, the employer/insurer had reasonable grounds for defending the claim.

The Commission modified the administrative law judge's award, holding that medical expenses constitute 'compensation' under Missouri Workers' Compensation Law and are therefore subject to reduction under § 287.120(5) when an employee is injured due to violation of safety rules or failure to use safety devices. The decision clarifies statutory interpretation through plain language analysis and legislative intent, distinguishing the holding from prior case law.

The Commission modified the Administrative Law Judge's award denying compensation to employee Dolores Woolery for an alleged occupational disease, finding that her husband qualified as a dependent as of the claimed injury date of August 22, 2000, despite the ALJ's initial denial. The case involves disputed issues of medical causation, whether an accident or occupational disease arose out of employment, and liability for future medical care and Second Injury Fund coverage.

The Commission modified the administrative law judge's award, affirming findings that the employee's cervical spine and right knee injuries were causally related to the August 14, 2002 work accident and that the employer is liable for past medical expenses, future medical care, and temporary total disability benefits. The employee was found to be permanently and totally disabled as a result of the work-related injuries, with the employer liable for permanent total disability benefits and the Second Injury Fund found to have no liability.

The Commission modified the administrative law judge's award regarding when permanent total disability benefits should begin for employee James Brawley's work-related wrist injury. The Commission determined that permanent benefits should commence on July 17, 2006 (when maximum medical improvement was reached) rather than May 17, 2006, and ordered the Second Injury Fund to pay benefits at the modified differential and permanent rates accordingly.

The Commission modified the administrative law judge's award to include permanent partial psychiatric disability benefits of 5% of the body as a whole, finding that the employee sustained a compensable mental injury causally related to her work-related back injury. The employee was awarded an additional $4,295.00 in psychiatric disability compensation based on credible medical evidence establishing the connection between her back pain and adjustment disorder.

The Commission modified the Administrative Law Judge's March 2, 2009 award by allowing future medical benefits for the employee's left knee injury, finding a reasonable probability of future treatment needs including anti-inflammatory medications, steroid injections, and potential knee arthroplasty. The decision reversed the denial of future medical benefits based on Dr. Koprivica's opinion regarding the progression of post-traumatic degenerative arthritis and recommended keeping medical open to address future treatment needs.

The Commission modified the administrative law judge's award to expand future medical care beyond medications to include all necessary treatment to cure and relieve the employee from the effects of her occupational disease. The employee sustained a repetitive strain injury to both hands and wrists resulting in permanent partial disability with disability ratings and disfigurement compensation approved.

The Missouri Court of Appeals reversed the Commission's initial denial, finding the employee's claim compensable. The Commission awarded temporary total disability benefits from September 12, 2004 through March 28, 2005, and permanent total disability benefits thereafter due to complications from clostridium difficile requiring colectomy and colostomy.

The Commission reversed the administrative law judge's award regarding causation and injury to the employee's right foot, finding insufficient medical evidence that the left ankle injury caused the micro fracture to the right foot through altered gait. The Commission affirmed the award in all other respects, including the 12.5% permanent partial disability rating for the left ankle injury.

The Commission modified the administrative law judge's award, correcting the average weekly wage calculation from $766.56 to $1,065.80 and clarifying that permanent partial disability awards for finger injuries are not limited by statute and can include disability to the hand or wrist based on evidence. The Commission affirmed the 50% permanent partial disability rating for the index finger sustained from the January 19, 2007 work-related injury.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding distribution of death benefits to the dependents of a deceased employee who was killed in a work-related accident on December 7, 2007. The primary dispute concerned the calculation of the remarriage lump sum payment to the widow, with the employer appealing the amount awarded.

The Commission modified the administrative law judge's award by finding the employee reached maximum medical improvement on December 21, 2004 (rather than December 27, 2004), making him eligible for permanent total disability benefits beginning December 22, 2004. The employee receives permanent total disability benefits at $570.27 weekly for his lifetime as a result of his December 24, 2002 work injury.

The Commission modified the prior administrative law judge's award following a court mandate, determining that Glennda Taylor's surviving spouse is entitled to receive her awarded permanent total disability benefits for his lifetime despite her death from a non-work-related cause. The decision applies the Schoemehl doctrine to extend dependent benefits to the surviving spouse indefinitely.

The Commission affirmed the administrative law judge's findings of 20% permanent partial disability to the left knee and 45% pre-existing disability to the spine, but modified the Second Injury Fund's liability calculation from $21,378.28 to $14,714.92. The employee sustained the knee injury on November 10, 2003, while inspecting sewer drain elevation at work.

The Commission modified the administrative law judge's award, affirming a 60% permanent partial disability rating for multiple injuries (closed head injury, bilateral shoulders, cervical problems, chronic pain, depression) plus 4 weeks for disfigurement, totaling 244 weeks of employer liability. The Second Injury Fund was found liable for permanent total disability benefits of $649.32 per week for the employee's lifetime, despite the Fund's appeal arguing the permanent total disability resulted solely from the primary injury.

The Commission modified the administrative law judge's award, concluding the employee is entitled to permanent total disability against the Second Injury Fund rather than permanent partial disability enhancement. The employee suffered a work-related left eye injury on February 17, 2004, while working as a truck driver, which resulted in significant vision loss that prevented him from safely continuing his employment.

The Commission modified the administrative law judge's award, affirming 25% permanent partial disability to the right shoulder and 40% permanent partial disability to the body as a whole for the back, while reversing the finding that wrist injuries were a continuation of the June 4, 1998 accident. The employee's claims for medical causation of right shoulder and low back complaints arising from the 1998 work accident were upheld, but the determination that bilateral carpal tunnel from a 2000 occupational disease claim was a continuation of the 1998 injury was reversed.

The Missouri Commission modified the administrative law judge's award regarding Stanley Roberts' workers' compensation claim for injuries sustained on October 15, 2002. The Commission found Roberts sustained permanent partial disabilities including 40% to the lumbar spine, 15% to the cervical spine, and various percentages at the knees and elbow, with significant physical restrictions on work activities.

The Commission amended its Final Award to grant permanent total disability benefits from the Second Injury Fund to the minor dependent children (Joshua Neal Strait and Mick Tyler Strait) of deceased worker Rosalyn Strait, following the Supreme Court of Missouri's reversal and remand based on Schoemehl v. Treasurer of State. Benefits of $649.32 weekly are payable beginning January 28, 2007, through the natural guardian until the claimants reach majority.