Filtered workers' comp decisions

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding past medical expenses and future medical care for an employee's right knee injury from an August 6, 2009 workplace accident. The Commission affirmed the 40% permanent partial disability determination but modified the award concerning medical causation and the scope of past medical expenses owed.

The LIRC modified the administrative law judge's award regarding permanent partial disability benefits for an employee's complete loss of vision in his left eye. The Commission reviewed whether the employee qualified for an additional 10% increase in compensation under Missouri's schedule of losses for complete loss of use.

The Labor and Industrial Relations Commission modified the administrative law judge's award, finding it supported by competent and substantial evidence under Missouri Workers' Compensation Law. The Commission addressed jurisdictional challenges regarding the propriety of awarding personal liability against Ann Williams, President of Job Finders Employment Services, for failure to maintain workers' compensation insurance.

The Labor and Industrial Relations Commission modified the administrative law judge's award, affirming permanent total disability benefits for Richard L. Hertzing from a work-related back and right leg injury but adjusting the commencement date to align with maximum medical improvement rather than the date of job separation. The Commission adopted the findings regarding medical causation and causation, finding the employee's injuries to be work-related and resulting in permanent total disability.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding Second Injury Fund liability in this workers' compensation case. The Commission addressed evidentiary issues and recalculated the Second Injury Fund's liability for permanent partial disability benefits related to a May 5, 2010 accident.

The Missouri LIRC modified the administrative law judge's award, finding the Second Injury Fund liable for permanent total disability benefits rather than just permanent partial disability. The Commission determined that the employee, with an IQ of 63, a fourth-grade education, and a learning disability combined with a work injury from May 1, 2006, meets the criteria for permanent total disability despite the ALJ's reliance on the employee's brief employment history.

The Commission modified the administrative law judge's award by rejecting the finding of permanent total disability from the August 2006 work injury, finding insufficient medical and vocational evidence supported such a determination. The Commission affirmed other findings regarding the work-related nature of the neck and shoulder injuries, entitlement to past medical expenses of $7,805.43, and need for future medical treatment.

The Commission modified the administrative law judge's award, affirming the finding that the employee sustained bilateral carpal tunnel syndrome as an occupational disease arising from employment, but rejecting claims for shoulder injuries. The employee was awarded 20% permanent partial disability for each wrist with a 10% multiplicity factor, with the employer responsible for left carpal tunnel treatment but not the right carpal tunnel surgery already obtained by the employee at his own expense.

The Commission modified the administrative law judge's award, affirming that the employee's right arm symptoms resulted from a motor vehicle accident and that he is permanently and totally disabled, while addressing disputes regarding statutory violations and safety rule violations. The decision applied a 15% increase in compensation under § 287.120.4 RSMo due to the employer's violation of Department of Transportation regulations.

The Commission affirmed the denial of the employee's claim for hearing loss due to failure to file timely, but reversed the denial of the tinnitus claim. The decision addresses whether David Clevenger's occupational disease claims related to noise exposure on the assembly line were barred by the statute of limitations.

The Commission modified its prior award in compliance with the Missouri Court of Appeals remand order, establishing that the Second Injury Fund's liability for permanent total disability commenced December 6, 2005, and awarding permanent partial disability benefits of $38,968.24 for 124 weeks plus ongoing permanent total disability benefits. The employee was found to be permanently and totally disabled as a result of his 2001 primary injuries combined with pre-existing conditions.

The Missouri LIRC modified its January 14, 2014 award in this workers' compensation case involving employee Tina Collins following a settlement agreement reached while an appeal was pending before the Court of Appeals. The modifications confirmed that the December 15, 2001 work accident aggravated the employee's preexisting dysthymic disorder and that she requires additional treatment for back and SI joint injuries, while denying compensability for alleged motor vehicle and fall injuries occurring in 2002 and 2009 respectively.

The Commission modified the administrative law judge's award, affirming the denial of permanent total disability benefits from the Second Injury Fund while clarifying that employee's permanent partial disability from the last injury does not combine with prior conditions to create total disability. The decision also addresses enhanced permanent partial disability calculations in accordance with Missouri Supreme Court precedent regarding Second Injury Fund liability.

The Commission modified the Administrative Law Judge's award to allow compensation for future medical treatment for the employee's work-related back injury. The decision recognizes the employee's need for ongoing conservative medical care including medications, physical therapy, and injections, while finding that additional surgery is not presently indicated based on the medical evidence presented.

The Commission modified the Administrative Law Judge's award to clarify that return to work is only one factor in permanent total disability analysis and is not evidence of ability to compete in the open labor market. The Commission reversed the denial of future medical care, finding that the employee need only show reasonable probability rather than conclusive evidence that future treatment is necessary for work-related effects.

The Labor and Industrial Relations Commission modified the administrative law judge's award, increasing past medical expenses and addressing future medical treatment liability for employee Denise Locklin's workers' compensation case. The Commission found the ALJ inadvertently excluded certain medical charges totaling $1,544.00 that the employee was entitled to recover from the employer.

The Commission modified the ALJ's award, disagreeing with the finding that the employee was not permanently and totally disabled. The Commission found that vocational expert Ms. Browning and medical expert Dr. Volarich were more credible than the ALJ credited, and determined that the combination of the employee's primary back injury and pre-existing back disability rendered him unable to compete in the open labor market.

The Commission modified the administrative law judge's award, affirming the compensability of the employee's work injury and the stipulated temporary total disability benefits of $49,656.70 for the period June 16, 2011 through August 21, 2012. The Commission declined to disturb the award on grounds not at issue and addressed discrepancies regarding past medical expenses documentation.

The Commission modified the ALJ's award, finding that the employee's left shoulder injury alone did not cause total disability, as the employee had multiple prior work-related injuries (ankle, knees, neck, right shoulder, and lower back) that collectively contributed to his condition. The Commission applied the Second Injury Fund statute, recognizing that the employee's preexisting permanent partial disabilities constituted a hindrance to employment, with the primary shoulder injury being the cause of additional disability.

The Commission modified the administrative law judge's award regarding Second Injury Fund liability for a worker injured on June 16, 2003, while assisting in patient movement. The employee, who had multiple preexisting back injuries totaling 30% permanent partial disability, suffered a left shoulder traction injury and severe aggravation of her low back condition.

The Missouri Court of Appeals for the Eastern District remanded this case requiring modification of the October 2, 2013 award to establish that the employee's spouse Christine George is entitled to receive permanent total disability benefits if the employee predeceases her while married. The LIRC modified its award to include findings regarding the employee's marital status and spousal dependency, with the Commission retaining jurisdiction over the award for the lives of both the employee and spouse.

The Commission modified the Administrative Law Judge's award, finding that the employer did not defend the claim without reasonable ground and therefore is not liable for costs and attorney's fees under § 287.560 RSMo. The case involved a disputed work injury claim where initial medical records suggested the employee injured his left hand in a car door rather than in a machine at the employer's client's premises as claimed.

The Commission modified the Administrative Law Judge's award, increasing the permanent partial disability rating for the employee's right ankle injury from 7.5% to 25% of the right lower extremity at the 155-week level, resulting in $13,650.46 in benefits. The Commission found that medical records and credible employee testimony supported a higher disability rating, contrary to the employer's expert opinion that the ankle had returned to normal.

The Missouri LIRC modified the administrative law judge's award in this workers' compensation case involving a deceased employee's claim, rejecting the retroactive application of 2005 strict construction amendments. The Commission adopted a 'loading factor' methodology to calculate Second Injury Fund liability for permanent partial disability benefits related to a right shoulder injury sustained in 2002.

The Labor and Industrial Relations Commission modified the administrative law judge's award in this workers' compensation case involving a motor vehicle accident that occurred while the employee was driving an employer-owned vehicle from home to his designated office. The Commission addressed errors in the ALJ's award and clarified the application of Missouri's workers' compensation statute regarding coverage for commuting accidents.