Filtered workers' comp decisions

The Missouri LIRC modified the ALJ's award, finding that the employee's work injury on November 17, 2008 was the prevailing factor in causing a herniated disc, urinary incontinence, and aggravating psychiatric conditions, and that the employee is entitled to future medical care and permanent total disability benefits. The Second Injury Fund liability was also addressed on modification.

The Commission modified the administrative law judge's award, finding that the employee's right shoulder injury was causally related to his work accident and reversing the denial of compensation for that injury. The Commission also modified findings regarding permanent disability and Second Injury Fund liability based on the employee's work-related injuries from a November 16, 2007 scaffolding fall.

The Commission modified the administrative law judge's award in a workers' compensation case involving a February 2006 accident resulting in left foot injury. The decision addressed issues including medical causation, past and future medical expenses, temporary and permanent disability benefits, and application of safety penalties.

The Commission modified the Administrative Law Judge's award regarding the nature and extent of disability resulting from a work injury where the employee suffered a severe comminuted fracture to his dominant right shoulder requiring three surgeries including partial shoulder replacement after falling off a work bench and down a staircase. The Commission disagreed with the ALJ's finding that the employee did not suffer permanent total disability, citing significant injuries and complications from the July 2010 accident.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding the nature and extent of permanent disability and Second Injury Fund liability for employee Victor Barnhill. The Commission affirmed temporary total disability benefits from October 4, 2003, to October 11, 2005, but modified calculations for permanent partial disability across multiple body parts (shoulder, lumbar spine, cervical spine).

The Missouri LIRC modified the administrative law judge's award in a workers' compensation case involving employee Tonya Huff and employer The Jones Financial Companies LLP, with the primary dispute concerning the proper application of employer's subrogation credit from third-party recovery against past-due compensation. The Commission addressed how the employer's credit under § 287.150 RSMo should be applied, specifically whether it should offset past-due benefits or be treated as an advance payment against future compensation installments.

The Commission modified the ALJ's award and granted permanent total disability benefits against the Second Injury Fund, finding that the claimant's combination of work-related back injury and pre-existing back condition rendered him unable to secure and sustain gainful employment. The Commission affirmed the ALJ's award in all other respects and approved the attorney's fees as fair and reasonable.

The Commission modified the Administrative Law Judge's award, finding the employee credible regarding her work-related back and neck injury and rejecting the judge's credibility concerns. The decision addresses permanent partial disability benefits considering the employee's preexisting 12.5% disability condition related to cancer and chronic pain.

The Labor and Industrial Relations Commission modified the administrative law judge's May 6, 2013 award, concluding that the employee sustained permanent total disability as a result of the January 16, 2008 injury. The Commission simultaneously reversed the award of permanent total disability benefits against the Second Injury Fund in the companion case (Injury No. 10-075527).

The Commission modified the administrative law judge's award regarding past medical expenses claimed by employee Joan Bush-Glasby for the period June 1, 2011 through September 1, 2011. The Commission found that the employer had already paid the disputed medical expenses through negotiated discounts, and the employee failed to provide evidence of continued liability for the $187,007.90 in claimed charges.

The Commission modified the ALJ's award regarding a workers' compensation claim for Tina Collins involving a December 15, 2001 work-related injury to her back and SI joint, with a preexisting dysthymic disorder that was aggravated by the accident. The employee was awarded permanent partial disability benefits totaling 27.5% of the body as a whole, with the Second Injury Fund held liable for a portion of the benefits.

The LIRC modified the administrative law judge's decision and awarded permanent total disability compensation to Kevin Phillips, finding credible the psychiatrist's testimony that Phillips is permanently and totally disabled due to a combination of preexisting disabilities and work-related injuries. The Commission disagreed with the ALJ's rejection of expert testimony, finding that Dr. Liss's uncontradicted opinion, supported by Phillips's testimony about his limited work history and inability to perform prior physical job duties, established permanent total disability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's May 16, 2013 award with modification to add language regarding dependent eligibility under Schoemehl doctrine, finding that the employee's husband Russell Soens was a total dependent at the time of injury. The Commission determined that survivor compensation entitlements may extend to the identified dependent based on the claim's pendency during the relevant statutory period of January 9, 2007 to June 26, 2008.

The Missouri LIRC modified the administrative law judge's amended award in a workers' compensation case for employee Olga Harris involving a low back injury claim. The Commission clarified issues surrounding temporary total disability benefits and medical causation while affirming the ALJ's determination of 7 weeks and 1 day of temporary total disability after the employer failed to appeal that specific finding.

The LIRC affirmed the administrative law judge's award of 15% permanent partial disability of the left foot, but modified the Second Injury Fund liability calculation to include a preexisting low back condition in addition to the cervical spine and left foot conditions pursuant to the Witte ruling. The modification resulted in increased Fund liability of $10,710.31 representing combined preexisting and primary injury disabilities at a 20% load factor.

The Commission affirmed the administrative law judge's finding of 25% permanent partial disability of the left upper extremity (elbow) but disagreed with the finding that employee had a preexisting permanent partial disability of the low back, finding insufficient evidence that the back condition constituted a hindrance to employment prior to the 2004 elbow injury. The Commission concluded employee is permanently and totally disabled as a result of the combination of her primary elbow injury and other preexisting disabilities.

The Labor and Industrial Relations Commission modified the administrative law judge's decision to find that the employee sustained permanent total disability rather than 50% permanent partial disability resulting from a work injury. Beginning September 15, 2010, the employer is liable for weekly permanent total disability benefits at the rate of $344.19 for the employee's lifetime.

The Labor and Industrial Relations Commission modified the administrative law judge's award, finding that the employee sustained a work-related lumbar sprain but denying claims for myofascial pain syndrome, psychiatric injury, and permanent total disability. The employee was awarded 10% permanent partial disability referable to the lumbar spine with an overpayment credit of $1,157.47, and the Second Injury Fund was found to have no liability.

The Commission affirmed and modified the administrative law judge's award, finding that Alice Shelton, the surviving widow of Robert Shelton who sustained a work injury on March 11, 2003, is entitled to permanent total disability benefits and weekly compensation from the Second Injury Fund. The Second Injury Fund appealed the award of the two-year lump sum bonus payment and the permanent total disability benefits to the surviving spouse.

The Commission modified the administrative law judge's award, finding that the employee sustained a 70% permanent partial disability of the right hand rather than deferring assessment pending prosthetic use. The case addresses medical causation, liability for medical expenses including psychiatric care, and entitlement to a prosthetic device and future treatment.

The Labor and Industrial Relations Commission modified the administrative law judge's award, approving a compromise settlement between the employer and employee while addressing Second Injury Fund liability for a work-related lumbar spine injury. The employee, who had preexisting conditions affecting her bilateral upper extremities and left shoulder from prior workers' compensation claims, was found to have suffered a sprain/strain injury related to the work accident with resulting permanent partial disability.

The Commission modified the administrative law judge's award, finding the employee sustained permanent total disability rather than permanent partial disability resulting from a right wrist and hand work injury. The Commission determined that functional capacity evaluations showing the employee could only work four hours per day, four days per week with high pain levels and significant functional limitations did not support a finding of gainful employment capability.

The Commission modified the administrative law judge's award regarding a right shoulder work injury sustained on January 10, 2007, rating the primary injury at 50% permanent partial disability of the right upper extremity while considering the employee's preexisting left shoulder disability from 1995. The decision addresses permanent total disability, finding that the employee's inability to compete in the open labor market results from a combination of the primary right shoulder injury and preexisting left shoulder disability.

The Commission affirmed the ALJ's award of workers' compensation benefits for Dennis Leonard's compensable injury on July 9, 2008, but modified the award regarding future medical care direction. The modification clarified that the employer retains the statutory right to select the treating physician, rather than having treatment directed by a specific physician as the ALJ had awarded.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding past medical expenses and future psychiatric treatment for Sandra Rainbolt's work-related injury from January 18, 2009. The Commission determined the employer is not liable for $280 in past psychiatric expenses incurred with Dr. Brockman since the employee selected her own physician without notifying the employer of the need for psychiatric treatment, but clarified the scope of future medical treatment obligations.