Filtered Decisions

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.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award in a death benefits claim for deceased employee Winfred S. Caldwell, focusing on the calculation of average weekly wage and corresponding death benefits compensation rate. The Commission found that the deceased employee's gross wages should include non-taxable per diem payments received by the driver, as these were part of total compensation for services rendered.

The Commission modified the administrative law judge's award to include future medical care for the employee's hip condition, which was causally related to a work injury on February 28, 2004. The employee is entitled to ongoing medical treatment and hip replacement surgery as needed, as the necessity for future care was established through competent medical testimony.

The Commission modified the administrative law judge's award by reversing the grant of temporary total disability benefits from January 14, 2006 to June 2, 2006, finding insufficient evidence that the employee was totally disabled during that period. The Commission affirmed all other aspects of the original award.

The Missouri Court of Appeals reversed a portion of the Commission's award denying costs to the deceased employee's dependents under §287.560, remanding the matter for reconsideration. The Commission on remand reversed the cost award, finding that the employer/insurer had reasonable grounds to withhold benefits based on evidence of drug use as a potential proximate cause of the injury.

The Commission modified the ALJ's award, increasing the employee's permanent partial disability enhancement from the Second Injury Fund from 26.66 weeks to 84.32 weeks ($30,783.55) based on the synergistic combination of a primary right shoulder injury (30% PPD) with multiple pre-existing disabilities. The Commission found that the pre-existing disabilities of both shoulders, lumbar spine, both knees, and both hands created a synergistic effect warranting a 20% loading factor enhancement.

The Commission modified the administrative law judge's award regarding past medical expenses in a workers' compensation case, reducing the award from $35,789.24 to $32,697.58. The modification excluded medical expenses lacking supporting documentation in the record while affirming expenses related to Dr. MacMillan's treatment, including an L5-S1 lumbar interbody fusion performed on June 3, 2005.

The Commission modified the administrative law judge's award of past medical expenses, reducing the amount from $35,789.24 to $32,697.58 by excluding medical bills not supported by evidence in the record. The Commission affirmed that the employee's treatment, including an L5-S1 lumbar interbody fusion, was causally related to the work injury and that the employer/insurer failed to prove the medical expenses were unreasonable.

The Commission modified the administrative law judge's award regarding temporary total disability benefits, finding that the employee was underpaid rather than overpaid. The employee was entitled to temporary total disability benefits from October 16, 2002 through April 14, 2005 (130 2/7 weeks at $647.36/week), totaling $84,341.76, but the employer only paid between $73,564.37 and $73,769.40, resulting in an underpayment of $10,572.36 to $10,777.39.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to employee Rusty Sprouse but reversed the portion assessing costs and attorney's fees against the employer, finding the employer had reasonable grounds to defend based on conflicting medical testimony and discrepancies regarding the accident date. The Commission determined that while employee benefits were properly awarded, the employer's defense was not unreasonable and therefore costs and attorney's fees should not be assessed.

The Labor and Industrial Relations Commission modified the administrative law judge's award, finding the employee sustained multiple injuries including a primary injury with preexisting neck and knee conditions that synergized to create greater disability. The Commission awarded 45% permanent partial disability for the primary injury plus additional disability weeks from the Second Injury Fund based on the combined effect of injuries, and addressed the employee's appeal regarding permanent total disability status.

The Labor and Industrial Relations Commission modified the administrative law judge's award, affirming the determination of 25% permanent partial disability of the left lower extremity but reversing the award of future medical care and treatment. The Commission found that while the employee sustained a work-related left knee injury on April 30, 2004, the evidence did not establish that the April 30, 2004 accident was the substantial contributing factor requiring future medical treatment due to the employee's prior knee injury and preexisting degenerative changes.

The Missouri Court of Appeals reversed in part the Commission's denial of compensation for the September 1, 2003 accident and remanded for determination of compensability and medical expenses related to that injury. The Commission found that the employee overcame the untimely notice requirement by demonstrating lack of prejudice to the employer.