Filtered workers' comp decisions

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 Commission modified the ALJ's award regarding Second Injury Fund liability, rejecting the ALJ's exclusion of certain preexisting disabilities from the calculation. The Commission clarified that preexisting conditions need not individually meet statutory thresholds to be considered in Second Injury Fund liability calculations when combined with a work injury.

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 Commission modified the administrative law judge's award to include permanent partial psychiatric disability benefits of 5% of the body as a whole, finding that the employee sustained a compensable mental injury causally related to her work-related back injury. The employee was awarded an additional $4,295.00 in psychiatric disability compensation based on credible medical evidence establishing the connection between her back pain and adjustment disorder.

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 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 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 Debra Arnold's workers' compensation case, primarily correcting the future medical care provision to remove the requirement that treatment be recommended by Dr. Volarich, an independent medical evaluator rather than a treating physician. The Commission affirmed the finding that Arnold is permanently and totally disabled as a result of her work-related injury and made clarifying technical modifications to the award.

The Commission modified the ALJ's award regarding the nature and extent of the employee's permanent disability in a workers' compensation case involving a foot fracture that resulted in life-threatening complications including deep vein thrombosis and pulmonary emboli. The employee, a 54-year-old lumber yard delivery driver, sought permanent total disability compensation due to disabling effects of post-phlebitic syndrome in his left lower extremity resulting from the January 4, 2010 injury.

The Labor and Industrial Relations Commission modified the administrative law judge's award declaring Billy Baker permanently and totally disabled from a work accident on August 18, 2000, correcting a clerical error regarding the date when temporary total disability benefits ended. The Commission affirmed the award in all other respects, including the assessment of liability against the Second Injury Fund and the approval of attorney's fees.

The Labor and Industrial Relations Commission modified the administrative law judge's award, finding the employer and Second Injury Fund liable for permanent total disability benefits to employee Helen Baker for multiple work-related injuries sustained on February 14, 2011. The Commission adjusted the liability allocation between the employer and Second Injury Fund while maintaining the finding that employee is permanently and totally disabled.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's temporary award, agreeing that the employee's February 27, 2011 injury was compensable and affirming the award of future medical care. However, the Commission reversed the finding that the insurer should pay employer and employee's reasonable attorney fees and expenses, determining the insurer's defense was not egregious or without reasonable grounds.

The Commission modified the Administrative Law Judge's award by reversing an improper 25% penalty on temporary total disability benefits, finding that penalties under § 287.560 RSMo can only award the whole cost of proceedings, not a percentage of benefits. All other aspects of the ALJ's award allowing compensation to employee Dennis Bales were affirmed.

The Commission modified the Administrative Law Judge's award regarding the nature and extent of employer's liability for permanent disability resulting from a November 11, 2009 work injury causing herniated discs at L4-5 and L5-S1. The Commission affirmed causality findings and medical expense liability but modified the disability compensation determinations and Second Injury Fund liability.

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 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 Labor and Industrial Relations Commission modified the administrative law judge's award regarding average weekly wage, future medical care, and the nature and extent of disability for Heather Bass, who sustained injuries to her left shoulder and elbow along with a psychiatric condition. The Commission adopted the ALJ's findings on permanent partial disability benefits while addressing disputes over compensation rates and medical care liability.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award, changing the temporary total disability compensation rate from $82.02 to $79.67 per week based on a recalculation of the employee's average weekly earnings. The Commission affirmed all other findings and conclusions of the administrative law judge regarding the waitress employee's workers' compensation claim.

The Commission modified the ALJ's award to allow compensation for unpaid past medical expenses for employee Rodney Battles, who sustained a work-related back injury on October 5, 2016, requiring two back surgeries. The decision clarifies that an employer's duty to provide statutorily-required medical aid is absolute and unqualified under Missouri workers' compensation law.

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 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 affirmed the administrative law judge's finding that the employee's bilateral carpal tunnel syndrome was an occupational disease caused by work at Harley-Davidson and is entitled to medical care and temporary total disability benefits. The Commission modified the decision only regarding the award of costs under § 287.560 RSMo.

The Commission modified the administrative law judge's award in a workers' compensation case involving an occupational disease claim for repetitive work injury to the right shoulder. The employee was awarded compensation for temporary total disability and permanent partial disability benefits, with modifications regarding notice, medical expenses, Second Injury Fund liability, and future medical treatment.

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 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.