Filtered Decisions

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award regarding future medical care for employee Melvin Boyers, who suffered a left knee injury on August 26, 2005 when he slipped and fell while dragging a pole after a storm. The Commission affirmed the underlying compensability finding and adopted most of the ALJ's decision, while modifying the future medical care provision to ensure the employer/insurer provides all reasonably necessary future medical treatment.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award regarding a November 20, 2005 workplace accident, addressing issues of permanent total disability, temporary total disability benefits, and past medical expenses. The Commission's decision considered whether the employee's pre-existing psychiatric condition from prior trauma affected her workers' compensation eligibility and benefits.

The Commission modified the ALJ's award regarding causation of an ACL tear sustained on September 21, 2005, determining liability for medical treatment and temporary total disability benefits. The case addresses whether a subsequent January 2007 ice fall constituted an intervening event breaking the chain of causation or was a natural result of the original workplace injury.

The Commission modified the ALJ's March 11, 2010 award in a workers' compensation case involving a March 1, 1995 vehicular accident in a TWA parking lot that caused neck injuries with bulging cervical discs. The employee claimed both physical and psychiatric permanent disabilities, but the ALJ found the psychiatric causation implausible and offset any physical disability award with third-party recovery credits, resulting in no benefits awarded.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award to include future medical care for Katherine Hunt's work injury from July 11, 2005, finding that she demonstrated reasonable probability of needing such care despite previously declining offered treatment. The Commission affirmed all other aspects of the original award and approved the attorney's fee as fair and reasonable.

The Commission modified the administrative law judge's award, affirming that the employee is permanently and totally disabled due to a combination of his work injury and preexisting conditions, but disagreeing with the timing of when Second Injury Fund benefits should commence. The Commission addressed the proper legal framework for determining when temporary total disability ends and permanent total disability benefits should begin, focusing on the concept of maximum medical improvement.

The Commission modified the administrative law judge's award by increasing the permanent partial disability award against the Second Injury Fund, finding that three additional preexisting disabilities (psychiatric disorder, chronic sinusitis, and asthma) should have been included in the calculation. The Commission awarded employee $23,539.33 in permanent partial disability benefits from the Second Injury Fund based on an enhanced disability calculation of 466.110 weeks.

The Commission modified the administrative law judge's award regarding a painter's bilateral chemical corneal abrasion and conjunctivitis sustained on July 10, 2006, when latex paint splashed into his eyes. The decision affirms the employee's entitlement to compensation for permanent partial disability and future medical care, including ongoing treatment for dry eyes and annual ophthalmological examinations.

The Commission modified the administrative law judge's award, reversing the finding that the employer did not violate the Scaffolding Act and awarding a fifteen percent enhancement accordingly. The Commission affirmed all other findings regarding permanent partial disability benefits of 20% of the left biceps, 5% of each foot, and 2.5% of the body as a whole for lower back pain.

The Missouri LIRC modified the administrative law judge's award to find that the employee is permanently and totally disabled due to a combination of her primary work-related bilateral cumulative trauma injuries to her wrists and elbows (treated with carpal tunnel releases) and multiple preexisting conditions (1987 low back injury, 2000 shoulder injury, 2004 foot injury). The Commission agreed with medical and vocational expert testimony that the employee cannot access the open labor market due to the synergistic effect of her combined disabilities, which create greater restriction than the sum of individual impairments.

The Commission modified the administrative law judge's award regarding the date of permanent total disability commencement for a deceased employee with combined primary and preexisting injuries. The Commission affirmed that the employee was permanently and totally disabled and that his dependent is entitled to lifetime continuation of benefits, but disagreed on the June 12, 2000 disability date, requiring clarification on when maximum medical improvement was reached to properly determine Second Injury Fund liability.

The Commission modified the administrative law judge's award regarding a May 24, 2002 work accident involving employee Blaine Lyman, who sustained a left femoral neck fracture, degenerative disk disease, cataracts from hyperbaric oxygen treatment, and deep vein thrombosis. The case addressed liability for future medical care, temporary and permanent disability benefits, and Second Injury Fund obligations.

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 January 8, 2010 award to clarify that the injury involved the neck and left shoulder from an occupational disease with onset on June 20, 1999. The Commission affirmed the allowance of attorney's fees and adopted the administrative law judge's findings except as modified herein.

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.