Filtered workers' comp decisions

The Labor and Industrial Relations Commission modified the administrative law judge's award in this workers' compensation case involving Maria Maddaloni-Boughton's work-related spine injury from November 2, 2013. The Commission addressed issues regarding future medical care, permanent partial disability assessment, and Second Injury Fund liability for enhanced benefits.

The Commission modified the administrative law judge's award regarding medical causation, nature and extent of disability, and future medical benefits for an employee who suffered a right knee injury on July 3, 2008. The case involved determining whether the workplace accident was the prevailing factor in causing the employee's knee condition and related disability.

The Commission modified the administrative law judge's award regarding Second Injury Fund liability in this workers' compensation case involving a right rotator cuff tear. The employee, age 55 at maximum medical improvement with a 10th-grade education and GED, appealed the denial of permanent total disability benefits, arguing the ALJ erred in its determination.

The Labor and Industrial Relations Commission modified the administrative law judge's award of past medical expenses for a right and left shoulder work injury, reducing certain charges that lacked adequate supporting treatment records. The Commission affirmed most of the $46,164.17 award but adjusted specific charges from chiropractic and physical therapy providers based on documentation review.

The Commission modified the Administrative Law Judge's award in a workers' compensation death benefits case to include $913.00 in burial expenses that both parties agreed were owed to the surviving spouse. The decision affirmed all other aspects of the ALJ's distribution of weekly death benefits to the surviving spouse and dependent children, denial of commutation, and attorney fees.

The Commission modified the administrative law judge's award to correct a clerical error, changing the permanent partial disability rating from 30% to 35% for the right shoulder, consistent with the parties' stipulated agreement. Employer/insurer is now liable for $34,345.16 in permanent partial disability benefits for the February 3, 2010 compensable work injury.

The Commission modified the administrative law judge's award, determining that the Second Injury Fund is liable for permanent total disability benefits based on persuasive expert medical and vocational testimony, rather than requiring physician certification of permanent total disability status. The employee, who suffered a primary right knee injury combined with a preexisting left knee condition, was found to be unable to compete in the open labor market based on documented physical restrictions and limitations.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding maximum medical improvement in a workers' compensation case involving a July 22, 2010 work-related lumbar strain injury. The Commission determined that the work accident was the prevailing factor in causing the lumbar strain and resulting permanent total disability, with the case involving Second Injury Fund liability.

The Commission modified the administrative law judge's award regarding a low back strain injury sustained by Robert G. Wright, Jr. on July 6, 2010, while employed by TG Missouri Corporation. The Commission reversed several determinations regarding medical causation, past medical expenses, future medical care, temporary total disability, and the nature and extent of permanent disability.

The Commission modified the administrative law judge's award regarding temporary total disability benefits for an employee who sustained neck and right shoulder injuries in an October 4, 2002 workplace accident. The employee was found to have permanent total disability coupled with depressive symptoms and is entitled to future medical care, with the Commission supplementing the analysis on medical causation standards.

The Commission affirmed the administrative law judge's findings of a work-related injury to the left shoulder and cervical and lumbar spine, but reversed the finding that the employee was not permanently and totally disabled, determining the Second Injury Fund is liable for permanent total disability benefits. The parties settled all issues between the employer/insurer and employee on October 9, 2015, leaving only the Second Injury Fund liability question for Commission determination.

The Commission modified the Administrative Law Judge's award, finding that the work accident on June 21, 2011 was the prevailing factor in causing the employee's low back strain/sprain injury and related medical condition. The employee is entitled to compensation for past and future medical aid, temporary total disability benefits, and permanent partial disability benefits, with the Commission rejecting the employer's expert opinion that no permanent disability resulted.

The Labor and Industrial Relations Commission modified the administrative law judge's award in a workers' compensation case involving employee Michael Ard's October 15, 2010 work injury, determining a 65% permanent partial impairment of the body as a whole. The Commission also addressed dependent status and marital validity issues arising after the employee's death on September 14, 2013.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding temporary total disability benefits while affirming the compensation rates and permanent partial disability awards. The employee, Justin Holmes, was found to have suffered a 35% permanent partial disability of the right shoulder, 10% disability of the body as a whole referable to the low back, and 10% disability referable to post-traumatic headaches and mild cognitive dysfunction.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding Second Injury Fund liability for James Lutes' workers' compensation claim. The Commission rejected several of the employee's claims for enhanced permanent partial disability benefits for preexisting conditions affecting the right hand trigger finger, right elbow, cardiovascular system, and right shoulder, finding insufficient evidence to support these additional ratings.

The Commission modified the Administrative Law Judge's award regarding Second Injury Fund liability for an employee who sustained a work-related accident in September 2007 resulting in 26% permanent partial disability, with a preexisting 25% permanent partial disability to the low back. The decision addresses whether the Second Injury Fund is liable for permanent total disability benefits in addition to permanent partial disability benefits.

The Missouri LIRC modified the Administrative Law Judge's award in a workers' compensation case involving Richard Ambrozetes's right ankle sprain injury. The Commission affirmed findings on medical causation, liability, and permanent partial disability (20%), but modified the award regarding past medical expenses.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding medical fees for an employee's October 22, 2013 left knee surgery, affirming the additional reimbursement of $1,090.90 to the health care provider while finding certain factual findings of the ALJ erroneous. The Commission determined that the medical charges billed by Rockhill Orthopaedic Specialists for the work-related knee injury and surgery were fair and reasonable.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding Second Injury Fund liability for a worker injured in a fall on December 20, 2004. The Commission found the employee suffered a compensable accident but reversed the lower finding that the Second Injury Fund was not liable for permanent total disability benefits.

The Missouri LIRC modified the administrative law judge's award regarding temporary total disability benefits from June 28, 2012, to May 21, 2013, and the doubling of such benefits under § 287.510 RSMo. The Commission affirmed liability for past medical bills, temporary total disability benefits, and permanent partial disability benefits while addressing employer's arguments regarding jurisdiction, medical causation, and offset claims from a concurrent Texas workers' compensation proceeding.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding Second Injury Fund liability, disagreeing that statutory requirements for occupational hearing loss claims apply to determining preexisting hearing loss in Second Injury Fund calculations. The Commission found that the employee's significant hearing deficits since childhood constitute preexisting disability relevant to calculating the synergistic effect with his primary injury for Second Injury Fund liability purposes.

The Commission modified the administrative law judge's award regarding Second Injury Fund liability in a case involving an employee's compensable occupational disease injury of bilateral carpal tunnel syndrome and bilateral trigger fingers arising from work activities. The employee was awarded permanent partial disability benefits for right wrist (15%) and left wrist (5%), with the Commission affirming the ALJ's findings that the employee failed to prove permanent total disability despite preexisting conditions.

The Commission modified the administrative law judge's award regarding medical causation and Second Injury Fund liability for an employee struck in the head by a basketball thrown by an inmate. While affirming that no primary psychiatric injury was caused by the accident, the Commission found a causal connection between the work injury and subsequent deterioration in the employee's preexisting psychiatric condition.

The Commission modified the administrative law judge's award in a workers' compensation case involving a February 2, 2010 work injury. The case addressed medical causation, permanent disability, medical benefits liability, and Second Injury Fund involvement for employee Enisa Comic.

The Missouri Court of Appeals reversed part of the Commission's April 2014 award, finding the Commission exceeded its authority by deciding subrogation issues. The Commission modified the administrative law judge's award by removing the subrogation section while affirming all other aspects of the award.