Filtered workers' comp decisions

The Commission modified the Administrative Law Judge's award by reversing the determination that the employee failed to prove the need for future medical treatment. The Commission awarded the employee future medical care and treatment for burn injuries to his bilateral upper extremities, finding competent medical testimony supported the reasonably probable need for ongoing pain management, neoprene support, and monitoring for potential scar cancer.

The Commission modified the Administrative Law Judge's award, finding employee's testimony regarding a boom truck injury to his jaw on November 30, 1992 (or January 1993) to be not credible due to inconsistencies with medical records and the employee's own statements to hospital staff. The Commission concluded that employee did not sustain a compensable work-related injury based on the credible evidence of record.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding a baseball pitcher's right elbow injury sustained on July 15, 1993, primarily to adjust attorney's fees. The Commission affirmed the compensability of the occupational disease claim and the underlying award while rejecting the cap on attorney's fees, allowing 25% of benefits awarded.

The Commission modified the administrative law judge's award, reducing the permanent partial disability rating for the left hand to 30% permanent partial disability of the left index finger at the proximal joint, while affirming awards for temporary total disability and disfigurement. The employee sustained injuries to multiple fingers and thumbs when his left hand was caught in a drill press while changing the bit on January 21, 2003.

The Commission modified the Administrative Law Judge's award regarding Second Injury Fund liability, affirming that the employee sustained permanent partial disability (not total disability) but correcting a miscalculation in the benefit amount. The corrected award is 22 weeks of compensation at $347.05 per week, rather than the 33 weeks originally awarded, based on proper calculation of combined disabilities.

The LIRC modified the Administrative Law Judge's award, finding that the October 14, 1997 injury resulted in permanent partial disability rather than permanent total disability standing alone. The Commission agreed with the employer/insurer that the combination of the primary injury and employee's preexisting disabilities resulted in permanent total disability, with liability shifting to the Second Injury Fund.

The Labor and Industrial Relations Commission modified the award of the Associate Administrative Law Judge dated June 13, 2005, regarding a workers' compensation claim for a cervical spine injury sustained by Jack Carte on August 27, 1998. The Commission awarded permanent partial disability benefits of 40% of the body as a whole referable to the cervical spine, temporary total disability benefits, unpaid medical expenses, and future medical treatment for the cervical spine injury, with the Second Injury Fund liable for additional permanent partial disability benefits due to synergistic effect with pre-existing disabilities.

The Commission affirmed that employee's exposure to chemicals caused a pulmonary condition (asthma) and awarded permanent partial disability compensation. Following remand from the Missouri Supreme Court, the Commission modified the award regarding past medical expenses, determining employee's personal liability for certain medical bills and increasing overall compensation due to change of condition.

The Commission modified the Administrative Law Judge's award regarding the beginning date for permanent total disability benefits from the Second Injury Fund, changing it from November 24, 2004 to June 16, 2001. The employee was awarded 100 weeks of permanent partial disability from the employer plus permanent total disability benefits from the Second Injury Fund payable at $52.41 weekly for 100 weeks, then $366.67 weekly for life.

The Labor and Industrial Relations Commission modified the administrative law judge's award, finding the employee suffered a compensable injury to her left upper extremity due to repetitive trauma on May 29, 2002. The Commission adjusted the permanent partial disability rating for the left elbow, with medical experts providing conflicting assessments ranging from 2% to 35% disability.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award, changing the temporary total disability compensation rate from $82.02 to $79.67 per week based on a recalculation of the employee's average weekly earnings. The Commission affirmed all other findings and conclusions of the administrative law judge regarding the waitress employee's workers' compensation claim.

The Labor and Industrial Relations Commission modified the administrative law judge's award in a workers' compensation case involving an electrician who slipped and injured his back on November 29, 2001, while working for Independent Plumbing and Interior Electric. The employee subsequently experienced a severe allergic reaction to ibuprofen prescribed at a medical facility, but medical evidence supported that his primary compensable injury was the back injury resulting in fusion surgery and ongoing pain and psychological disorders.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding workers' compensation benefits for Robert L. Stonecipher's June 7, 2002 workplace injury. The employer's appeal challenged the awards for permanent partial disability, past medical expenses, future medical expenses, and temporary total disability benefits based on claims of excessiveness and lack of medical necessity.

The Labor and Industrial Relations Commission modified the administrative law judge's award in a workers' compensation case involving Edward Lewis, who sustained a wrist injury on June 19, 2003. The Commission affirmed findings on past medical expenses, disfigurement, and permanent partial disability (20% right wrist, 15% left wrist), but reversed and modified the compensation rate, temporary total disability benefits, and Second Injury Fund liability determinations.

The Missouri LIRC modified the ALJ's award and reversed the determination of employer liability, concluding that Station Casino, not Ameristar Casino, is responsible for workers' compensation benefits for the employee's occupational disease. Under the 'last exposure rule,' the employee's bilateral carpal tunnel and cubital tunnel syndrome arising from her dealership work at Station Casino between May 1998 and December 2000 makes Station Casino the liable employer.

The Labor and Industrial Relations Commission modified the administrative law judge's award to correct a mathematical error in the permanent partial disability rate from $267.72 to $268.72 and accordingly adjusted the Second Injury Fund's weekly obligation. The Commission affirmed the award in all other respects, approving the attorney's fee as fair and reasonable.

The Commission affirmed the administrative law judge's award of permanent partial disability as modified, but reversed awards for past and future medical expenses related to insoles due to insufficient competent and substantial evidence in the record. The Commission also reversed the denial of temporary total disability credit for overpayment.

The Missouri LIRC affirmed with modification the Administrative Law Judge's award of workers' compensation benefits to Robert Kasza for a low back injury sustained on October 16, 2002 while lifting a marble slab. The Commission increased the award to include an additional $298.05 for pain management services provided by BJC Health System, along with the previously awarded $3,584.00 for medical expenses.

The Labor and Industrial Relations Commission modified the administrative law judge's award declaring Billy Baker permanently and totally disabled from a work accident on August 18, 2000, correcting a clerical error regarding the date when temporary total disability benefits ended. The Commission affirmed the award in all other respects, including the assessment of liability against the Second Injury Fund and the approval of attorney's fees.

The LIRC modified the administrative law judge's award to properly classify it as a temporary or partial award rather than a final award, as unresolved issues remained regarding permanent disability from the employee's right wrist condition. The proceedings were kept open for further proceedings and a final award, with the left wrist occupational disease compensability claim denied pending additional review.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding permanent disability benefits for a June 28, 2002 neck injury (Injury No. 02-102986). The Commission addressed the Second Injury Fund's appeal regarding the timing and calculation of permanent partial disability versus permanent total disability payments.

The Commission modified the administrative law judge's award regarding the Second Injury Fund's payment obligations for an employee's carpal tunnel syndrome claim. The employee, who had settled with the employer/insurer for 15% permanent partial disability of each hand at the wrist, was found to be permanently and totally disabled when combined with preexisting conditions, and the Commission addressed the proper timeline for SIF benefit payments.

The Labor and Industrial Relations Commission modified the administrative law judge's award, affirming the 15 weeks of disfigurement compensation but reversing the 40 weeks of permanent partial disability (10% of body as a whole) for an employee who sustained second-degree flash burns over approximately 8% of his body surface on November 20, 2003. The employee was released to return to work without restrictions as of January 5, 2004, and has continuously worked full duty with no physical limitations since that date.

The Labor and Industrial Relations Commission modified the administrative law judge's March 31, 2005 award, correcting procedural errors including the date of injury (July 31, 2000) and first treatment date (July 31, 2000 rather than August 1, 2005). The Commission affirmed the allowance of attorney's fees, though a dissenting opinion argued for compensation of knee injuries claimed by the employee.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award regarding death benefits for dependents of Kevin G. Politte, who died from a work-related accident on May 14, 2002. The Commission affirmed in part and reversed in part the determination of which dependents qualified for workers' compensation death benefits under Missouri law.