Filtered workers' comp decisions

The Commission modified the Administrative Law Judge's award regarding permanent total disability benefits and dependent eligibility under Schoemehl v. Treasurer of State. The Commission found that the employee's wife Lynn Sage was a qualifying dependent, but vacated provisions addressing post-death benefits since the employee was still living at the time of the award.

The Commission modified the Administrative Law Judge's award, finding that the employee's work injury and L5-S1 fusion surgery caused degenerative changes at adjacent lumbar spine levels (L3-4 and L4-5), rejecting the insurer's medical expert's opinion that attributed the degeneration solely to aging. The Commission adopted the employer's authorized treating physician's opinion that the fusion surgery placed stress on adjacent spine levels, causing symptomatic degenerative disc disease.

The Commission modified the administrative law judge's award regarding an employee's hernia claim arising from workplace injury at Dial Corporation. The Commission affirmed that the injury arose out of and in the course of employment but required additional findings under § 287.195 RSMo regarding the elements of proof for hernia compensation claims.

The Commission modified the administrative law judge's award by denying the employee's entitlement to future medical treatment, finding that any ongoing treatment needed relates to her preexisting COPD rather than the work-related pneumonia. The employee's work-related pneumonia injury was allowed for compensation, but employer liability for future medical care was reversed based on Dr. Barkman's more persuasive testimony.

The Commission modified the administrative law judge's award, adopting Dr. Cohen's opinion that the July 17, 2000 work accident caused an aggravation of the employee's low back condition resulting in 7.5% permanent partial disability, while also recognizing preexisting conditions including spondylolisthesis and coronary artery disease. The Commission found employer liable for $82,588.03 in past medical expenses, including low back surgery, as the treatment was reasonable and necessary to cure and relieve the effects of the work injury.

The Commission modified the administrative law judge's award, finding the employee sustained 85% permanent partial disability of the body as a whole referable to low back injury, radicular symptoms, and psychiatric complaints. The decision addresses preexisting psychiatric disabilities and establishes permanent total disability resulting from the combination of preexisting limitations and the primary work injury.

The Commission modified the Administrative Law Judge's award regarding whether Schoemehl v. Treasurer of State applies to entitle the employee's wife to permanent total disability benefits upon his death from non-work-related causes. The case addresses whether the legislative abrogation of Schoemehl on June 26, 2008 retroactively precluded benefits for a claim filed after that date but with an injury occurring before the abrogation.

The Commission modified the administrative law judge's award in a workers' compensation case involving a neck injury sustained while lifting decorative stones. The employee was found to have a compensable accident with medical causation, and the employer/insurer was ordered to pay medical expenses, temporary total disability benefits, and permanent partial disability benefits, with the Second Injury Fund also liable for a portion of the award.

The Commission affirmed the administrative law judge's award of permanent partial disability but modified the Second Injury Fund liability calculation to properly incorporate the synergistic effects of multiple preexisting disabilities with the primary injury. The modification resulted in an additional $20,145.43 in Second Injury Fund benefits to the employee based on a weighted average load factor of 13.4% applied to the combined disability.

The Commission affirmed the administrative law judge's award regarding the employee's claim against the Second Injury Fund but reversed the award concerning the joinder dispute between the Christian County Sheriff's Department and Ozark Baseball Club. An off-duty sheriff's deputy was struck by an intoxicated driver while working as a security guard at a minor league baseball stadium, and the case involved complex questions of employer liability and timely joinder of parties.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding Second Injury Fund liability for permanent partial disability benefits resulting from a compensable right shoulder injury. The Commission disagreed with the finding that the employee had a preexisting 20% permanent partial disability of the right knee as of the date of the primary injury, finding insufficient evidence that the knee condition was disabling at that time.

The Commission affirmed the administrative law judge's decision but modified the award to increase the pre-existing permanent partial disability of the employee's left shoulder from 12.5% to 17.5% based on credible testimony of deterioration and medical evidence. The Second Injury Fund was found liable for 31.29 weeks of permanent partial disability benefits totaling $12,173.06.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding liability for the employee's permanent total disability, specifically addressing whether the employer or Second Injury Fund is responsible for benefits. The case involves an April 2007 work-related low back injury complicated by significant preexisting low back conditions, with the Commission determining the employer liable for 40% permanent partial disability while addressing Second Injury Fund liability for permanent total disability.

The Labor and Industrial Relations Commission modified the administrative law judge's award in this occupational disease case involving respiratory issues caused by mold and dust exposure. The modification added provisions for the employee's spouse to receive permanent total disability benefits under specified conditions.

The Labor and Industrial Relations Commission modified the administrative law judge's award in a workers' compensation case involving a right ankle injury sustained on March 3, 2004. The modification added provisions ensuring that the employee's wife would be entitled to receive his permanent total disability benefits if she remained married to him at the time of his death, with entitlement ceasing upon her death or remarriage.

The Commission modified the ALJ's award regarding an employee's July 7, 2009 lower back injury sustained while slipping on rubble at work. The Commission addressed evidentiary defects in the medical bills submitted, particularly regarding improperly admitted hearsay evidence and lack of proper affidavits and notarization as required by Missouri workers' compensation law.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for a work-related back injury caused by repetitive heavy lifting, but reversed the denial of costs/attorney's fees, finding the employer acted unreasonably in denying the claim. The employee was awarded past medical expenses, temporary total disability benefits, permanent partial disability benefits, and costs equal to attorney's fees incurred.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding average weekly wage, rate of compensation, and survivor benefits eligibility under Schoemehl. The Commission adopted the finding that the Second Injury Fund is liable for permanent total disability benefits while adjusting the compensation rate calculation based on credible wage statement evidence.

The Missouri Court of Appeals reversed the Commission's 50% reduction of the employee's workers' compensation award under § 287.120.5 RSMo, finding insufficient factual findings to support the reduction, and remanded the case for further proceedings. The Commission issued additional findings on remand to address whether the employer proved the elements justifying the reduction.

The Labor and Industrial Relations Commission modified the ALJ's temporary award, reversing the award of six weeks of temporary total disability benefits for carpal tunnel syndrome surgery due to insufficient evidence of the employee's inability to compete in the open labor market. The Commission left the issue of temporary total disability benefits open for determination at final award, pending additional evidence regarding the employee's work capacity and time missed from work.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award in a workers' compensation case for employee Lloyd Bessard, finding 42% permanent partial disability of the body as a whole and permanent total disability when combined with preexisting conditions. The Commission clarified that the Second Injury Fund's liability begins on November 21, 2009 (after temporary total disability payments ended), rather than on the February 23, 2009 injury date, and established a payment structure combining employer and Second Injury Fund contributions.

The Commission affirmed the administrative law judge's award but modified the medical expense calculation by crediting employer-paid amounts of $3,141.88 and excluding $3,867.00 in non-work-related heel spur treatment expenses, reducing the medical award from $24,459.70 to $17,450.82. The award was affirmed in all other respects with attorney's fees approved as fair and reasonable.

The Labor and Industrial Relations Commission modified the administrative law judge's September 21, 2012 award in a workers' compensation case involving a right shoulder injury sustained on December 7, 2007. The modification added provisions for the employee's wife to receive Permanent Total Disability benefits if she remains married to the employee and he predeceases her, with entitlement ceasing upon her death or remarriage.

The Labor and Industrial Relations Commission modified the administrative law judge's award in this workers' compensation case involving a slip and fall injury sustained on May 5, 2008. The modification clarified that the claimant's spouse's entitlement to permanent total disability benefits is contingent upon remaining married to the claimant and is terminated upon death, remarriage, or divorce.

The Commission modified the administrative law judge's decision in a workers' compensation case involving employee Fadil Music, who claimed aggravation of a preexisting personality disorder during treatment. The Commission reversed the finding that the Second Injury Fund was not liable and found the administrative law judge's decision contained misstatements of law and factual findings not supported by evidence.