Filtered Decisions

The Commission modified the administrative law judge's October 5, 2005 award, redesignating it as a temporary or partial award rather than final because the issue of unpaid medical expenses (Medicare claim for payment) remained unresolved. The matter was returned to the Division of Workers' Compensation for further proceedings to address the outstanding medical payment issue.

The Commission modified the administrative law judge's final award to designate it as a temporary or partial award, finding that issuing a final determination was error since no party sought final disposition of the matter. The case was returned to the Division for further proceedings while the injury causation issue remains unresolved.

The Labor and Industrial Relations Commission modified the administrative law judge's award, which had granted permanent total disability benefits and future medical care for an employee injured in a June 19, 1998 workplace accident affecting his lower extremities and sacral area. The employer/insurer challenged the award, arguing that only permanent partial disability was supported by competent and substantial evidence.

The Commission modified the Administrative Law Judge's award by increasing the preexisting disability rating of the employee's left ankle from 35% to 75% at the 155-week level based on multiple prior injuries requiring surgeries. This modification increased the Second Injury Fund's liability for permanent partial disability benefits from $7,318.21 to $9,515.09.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award to issue a final award for future medical care rather than a temporary award. The employee suffered permanent total disability from a fall off a broken ladder on April 3, 2002, affecting his neck, right arm, and left hip.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award allowing workers' compensation for Charles W. Bock's work-related back injury and occupational disease sustained on April 23, 1998. The decision addresses medical necessity, causal relationship to the work injury, medical expenses, and permanent partial disability benefits following remand from the Missouri Court of Appeals.

The Labor and Industrial Relations Commission modified the administrative law judge's January 29, 2007 award in a workers' compensation case involving George Sutton's November 21, 2000 crush injury to his left forearm sustained when caught in a heavy-duty tailgate. The Commission addressed the employee's claims regarding permanent total disability, PTSD, and back condition resulting from the work injury and subsequent carpal tunnel syndrome from overuse.

The Commission modified the administrative law judge's decision to award the employee future medical care and treatment for his back injury sustained on January 2, 2004. The Commission found that competent medical testimony from Dr. Crabtree established a reasonable probability of need for future medical treatment, including possible spinal fusion surgery, contrary to the judge's determination that the evidence was too speculative.

The Commission modified the administrative law judge's award by reversing the award of future surgical medical treatment, finding that the employee failed to establish by competent and substantial evidence that future surgery was reasonably probable. The Commission affirmed the remainder of the award and found the testimony of Drs. Coyle and Suthar more credible than Dr. Volarich regarding the need for future medical care.

The Commission modified the administrative law judge's award, allowing workers' compensation benefits for an employee who died from injuries sustained in a vehicle accident while traveling between customer locations. The employee's dependents received death benefits, disfigurement compensation, and past medical expenses, with a 15% reduction applied under statutory guidelines.

The Labor and Industrial Relations Commission modified the administrative law judge's award, affirming past medical expenses and temporary total disability benefits but reversing the award of costs under section 287.560 RSMo. The Commission found that the employer had reasonable grounds to defend the case based on the employee's deviation from the prescribed route and potential notice deficiency.

The Missouri LIRC modified the administrative law judge's award, finding that the employee is permanently and totally disabled due to the combination of her work-related back injury and pre-existing disabilities (including fibromyalgia), rather than the work injury alone, thus triggering Second Injury Fund liability. The Commission affirmed all other findings regarding medical causation and entitlement to future medical care for the knees and back.

The Labor and Industrial Relations Commission modified the administrative law judge's award, finding that a valid oral settlement agreement existed between the employee and employer despite not being in writing. The Commission approved the settlement agreement as it complied with Missouri workers' compensation law requirements regarding voluntary settlements and the employee's understanding of rights.

The Commission modified the administrative law judge's decision, finding that Second Injury Fund liability was properly placed in issue for the hearing and that the employee is entitled to permanent partial disability benefits from the Second Injury Fund. The award denying employee Second Injury Fund benefits was reversed.

The Missouri Supreme Court reversed the LIRC's decision that permanent total disability benefits ceased upon the employee's death, holding that the widow is entitled to the unpaid balance of the PTD award. The LIRC modified the administrative law judge's award accordingly, affirming all other aspects of the decision.

The Commission affirmed the administrative law judge's award for the employee's hernia injury but reversed the award for the left hip injury, finding that the work accident was not a substantial cause of the hip injury. The employee, William Bauman, suffered injuries on August 13, 2002, at United Parcel Service in St. Louis, Missouri.

The Commission modified the administrative law judge's award, adjusting the compensation rate from $120.03 to $121.24 per week based on a recalculation of average weekly earnings using fourteen weeks of wage data. The Commission also increased the reimbursable medical expenses from $9,186.42 to $15,325.45.

The Labor and Industrial Relations Commission modified the administrative law judge's award, adjusting the temporary total disability rate from $590.17 to $599.96 per week based on proper calculation of average weekly wages. The Commission affirmed all other findings and conclusions of the administrative law judge regarding the workers' compensation claim.

The Missouri Court of Appeals reversed the Commission's prior award and remanded the case, requiring reconsideration of medical causation for a discogram procedure and related disability benefits. The Commission affirmed that the discogram and its resulting complications were medically causally connected to the September 16, 1997 work-related back injury.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award in a workers' compensation case involving a lumbar spine injury and chronic depression sustained on September 28, 1998. The Commission affirmed the finding of work-related injury but modified conclusions regarding permanent total disability, past medical expenses, and future medical care.

The Commission affirmed the administrative law judge's finding that the employee's right cubital tunnel syndrome was not compensable but reversed the decision regarding left carpal tunnel syndrome. The employee, a gardener of fifteen years, developed symptoms of left carpal tunnel syndrome from repetitive work activities including digging, raking, and other manual labor at the cemetery.

The Commission modified the administrative law judge's award, reversing the finding that the employee attained maximum medical improvement due to lack of competent and substantial medical evidence supporting this conclusion. The Commission set aside the permanent partial disability finding of 2.5% as premature, since it was contingent on a maximum medical improvement determination that was not supported by the record.

The Commission modified the previous award to assign liability to Elite Logistics Inc., the last employer to expose the employee to the occupational hazard of carpal tunnel syndrome, rather than Associated Wholesale Grocers Inc. The Commission affirmed the administrative law judge's calculations and awarded past medical expenses, temporary total disability benefits, and permanent partial disability benefits (20% for left wrist) from Elite Logistics Inc.

The LIRC modified the administrative law judge's award by reversing the $1,083.73 costs assessment against Havens Erectors, Inc., finding that § 287.560 RSMo does not authorize cost awards when a party fails to defend a claim, only when a claim is defended without reasonable ground. The Commission affirmed the allowance of attorney's fees and adopted the ALJ's findings and conclusions except as modified regarding the costs award and timeliness of the amended answer.

The Commission modified the Administrative Law Judge's award, finding the employee suffered a 40% permanent partial disability due to an occupationally-induced pulmonary condition and imposing Second Injury Fund liability for enhanced disability. The employee's appeal for permanent total disability status was considered under Missouri's legal standard requiring inability to return to any employment.