Filtered workers' comp decisions

The Missouri Court of Appeals reversed the Commission's medical expense award, directing it to be reduced to $34,029.06, while affirming all other aspects of the original award. The Commission issued a final award reducing past medical expenses per the Court's mandate while maintaining the remainder of its July 3, 2018 decision.

The Labor and Industrial Relations Commission modified the administrative law judge's award, addressing the employee's entitlement to temporary total disability benefits and permanent partial disability following a January 2, 2014 shoulder injury. The Commission reconsidered the employee's post-injury misconduct and the subsequent discharge for failure to follow proper call-in procedures, ultimately modifying the award regarding temporary total disability benefits.

The Labor and Industrial Relations Commission modified the administrative law judge's award, finding that the employee only needed to meet a preponderance of the evidence standard (more likely than not) rather than a clear and convincing standard to prove medical treatment was reasonably required for her work-related injuries. The Commission ordered the employer to pay for the initial MRI, while upholding the administrative law judge's findings of 20% permanent partial disability for the back and 5% for the knee.

The Commission modified the administrative law judge's award to include temporary total disability benefits of $231.92 that the parties had stipulated to, despite the ALJ's failure to award them despite finding a work-related injury. The Commission affirmed the ALJ's findings regarding the work-related heat exhaustion and dehydration injury on July 22, 2011, and the 5% permanent partial disability award, while supplementing the decision on medical causation and past medical expenses.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award in a workers' compensation case involving Danny L. Harris, who sustained a low back injury arising out of his employment with Ralls County on March 9, 2009. The Commission modified the ALJ's determinations regarding medical causation, the nature and extent of disability, and future medical benefits.

The Commission modified the ALJ's award in a workers' compensation case involving Kendall Halterman, who sustained fatal injuries when he slipped and fell approximately ten to twelve feet while cleaning a dump truck on June 2, 2010. The Commission affirmed that the employee was permanently and totally disabled from the injury until his death, and liability for medical expenses totaling $48,288.50 was awarded, with the Second Injury Fund determined liable for a portion of those costs.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding the employee's average weekly wage stipulation and temporary total disability benefit rates. The Commission determined it is not bound by the parties' stipulation regarding average weekly wage in the hardship hearing context.

The Commission modified the administrative law judge's award regarding attorney's fees and costs for unreasonable defense under § 287.560, finding that issue not yet ripe for consideration. The Commission affirmed all other findings that the employee sustained a work-related injury on December 9, 2016, with left ankle and knee symptoms causally related to the accident, and that the employer is liable for medical treatment and temporary total disability benefits.

The Commission modified the ALJ's award, affirming that the employee, a welder, sustained a work-related back injury on March 22, 2012, resulting in 15% permanent partial disability and permanent total disability status. The Second Injury Fund was held liable for PTD benefits of $333.18 per week for life, with the Commission clarifying that the employee's PTD resulted from the combination of the primary work injury and preexisting disabilities, not the work injury alone.

The Labor and Industrial Relations Commission modified the administrative law judge's award in a medical fee dispute, reducing the insurer's liability by eliminating the prejudgment interest award while maintaining the $2,403.32 medical fee obligation. The Commission addressed the insurer's procedural challenges regarding notice of hearing and the applicability of prejudgment interest under strict construction principles.

The Commission modified the ALJ's award, finding that the work-related fall on November 2, 2007 was the prevailing factor in causing multiple injuries including facial contusion, eye trauma, shoulder internal derangement, carpal tunnel syndrome, hip bursitis, knee internal derangement, and back pain. The Commission adopted Dr. Volarich's medical findings that the accident caused these injuries requiring multiple surgical repairs and treatments.

The Labor and Industrial Relations Commission modified the administrative law judge's award in this workers' compensation case involving Ronald Reynolds, who suffered a work injury on July 17, 2007 resulting in post-traumatic stress disorder and depression. The Commission affirmed the finding of permanent total disability but modified the award regarding past nursing care expenses and other compensation matters.

The Missouri LIRC modified the ALJ's award in a case involving Jesse Marquess's August 27, 2011 work injury and subsequent death on November 13, 2015. The Commission remanded the matter to determine whether the workplace accident was the prevailing factor in the employee's death and whether dependents Patricia Marquess and Hayley A. Marquess were entitled to death benefits under Chapter 287.

The Labor and Industrial Relations Commission modified the administrative law judge's award in a workers' compensation case involving Manuel Duarte's right shoulder occupational disease injury sustained on March 31, 2009. The Commission affirmed the finding of a compensable occupational disease and permanent total disability, with the employer/insurer remaining liable rather than the Second Injury Fund.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding workers' compensation benefits for an employee's workplace injury sustained on December 15, 2011. The Commission reviewed disputed issues including employer's medical treatment direction waiver, liability for medical expenses and temporary total disability benefits, and the extent of permanent disability benefits.

The Labor and Industrial Relations Commission modified the administrative law judge's award in a workers' compensation case involving an employee who sustained bilateral plantar fasciitis as an occupational disease from prolonged standing and walking on hard surfaces during employment with the Missouri Department of Corrections. The Commission addressed whether preexisting conditions combined synergistically with the occupational disease to warrant additional permanent partial disability benefits and Second Injury Fund liability.

The Commission modified the administrative law judge's award, reducing the permanent partial disability rating for the lower back from 35% to 15% while affirming the finding that the work accident caused injury to the left shoulder and lower back. The Commission found the employee was not entitled to future medical benefits and rejected causation arguments regarding the employee's sarcoidosis and hip condition.

The Commission modified the administrative law judge's award, affirming that the employee sustained a work-related accident from driving over a bumpy road on January 3, 2014, but modifying the finding regarding the nature and extent of disability. The employer/insurer's appeal challenging the accident determination and permanent total disability finding was partially granted, with the disability determination being modified.

The Commission modified the ALJ's award in a workers' compensation case involving hypersensitivity pneumonitis caused by dust exposure in the workplace beginning July 8, 2007. The employee was found to be permanently and totally disabled, with the employer liable for past and future medical expenses related to the occupational disease and its treatment complications.

The Commission modified the administrative law judge's award to find the Second Injury Fund liable for permanent partial disability benefits, as the employee had preexisting permanent partial disabilities that constituted a hindrance to employment. The employee suffered chronic lumbar sprain/strain, symptomatic lumbar disc protrusions, bilateral lower extremity radiculitis, and cervical spine injuries from a work accident on August 10, 2011, and is entitled to ongoing future medical benefits.

The Commission affirmed the administrative law judge's finding that the employee's bilateral carpal tunnel syndrome was an occupational disease caused by work at Harley-Davidson and is entitled to medical care and temporary total disability benefits. The Commission modified the decision only regarding the award of costs under § 287.560 RSMo.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding the employee's average weekly wage and compensation rates for temporary total and permanent total disability benefits. The Commission affirmed the finding of 45% permanent partial disability and liability of the Second Injury Fund for permanent total disability benefits, while adjusting the compensation rate calculation methodology.

The Missouri LIRC modified the administrative law judge's award regarding the commencement date of permanent total disability benefits from the Second Injury Fund, changing it from January 13, 2015 to May 29, 2015 per agreement of the parties. The Commission affirmed that an employee's entitlement to permanent disability benefits accrues upon reaching maximum medical improvement, consistent with controlling case law.

The Labor and Industrial Relations Commission modified the administrative law judge's award, changing the determination of permanent disability status and liability for future medical care based on expert medical testimony. The employee suffered a work-related spinal injury on November 13, 2012, resulting in post-laminectomy syndrome with functional restrictions on lifting and overhead work.

The Labor and Industrial Relations Commission modified the administrative law judge's award in this occupational disease case involving bilateral carpal tunnel syndrome and de Quervain's tenosynovitis claimed by a housekeeper. The Commission found that the employee's work activities were not the prevailing factor causing her conditions, and the employer was not required to furnish future medical treatment.