OTT LAW

Filtered Decisions

78 decisions matching filters

Regan-Mercer, Kimberly 7-10-11 v. Quest Diagnostics(2011)

July 10, 2011

reversed

The Commission reversed the Administrative Law Judge's decision and awarded compensation to employee Kimberly Regan for a neck injury caused by a coworker's sudden grabbing incident on February 6, 2007. The Commission found that the incident constituted a compensable work-related accident despite employee's preexisting cervical conditions from prior neck surgeries.

neck4,365 words

Bacon v. City of St. Louis(2011)

April 12, 2011

reversed

The Commission reversed the ALJ's award of 18.63 weeks of compensation for synergistic disability combining a primary right hand injury (15% PPD) with preexisting pelvis, lumbar, and cervical spine disabilities. The case involved a dispute with the Second Injury Fund regarding the proper calculation of liability for the combined effect of the employee's injuries.

hand2,482 words

Whiteley v. City of Poplar Bluff(2011)

March 22, 2011

reversed

The Commission reversed the Administrative Law Judge's denial of workers' compensation benefits, finding that the employee's October 29, 2006 work accident (while washing a patrol car windshield) was the prevailing factor in causing his cervical spine condition. The case involved determining medical causation for a neck injury claim that the ALJ had previously rejected based partly on the employee's prior workers' compensation settlement from an unrelated 2002 motor vehicle accident.

neck/cervical spine8,160 words

Angus v. ATK Alliant Techsystems(2011)

March 17, 2011

reversed

The Missouri Court of Appeals reversed the Commission's January 2010 award denying compensation, finding the Commission erred in rejecting uncontradicted medical testimony that the employee was permanently and totally disabled from rheumatoid arthritis combined with osteoarthritis. The Commission was remanded to determine the degree of disability proportionally in accordance with the medical evidence and to determine the Second Injury Fund's liability.

occupational disease4,427 words

Williams v. Missouri Department of Social Services(2011)

March 7, 2011

reversed

The Commission reversed the ALJ's award of workers' compensation benefits to Kenneth Williams, a juvenile detention facility employee who developed contact dermatitis and MRSA infection allegedly from exposure during a field trip to a rope course on April 21, 2006. The reversal focused on employer's lack of timely notice of the injury, as the employee did not file a formal injury report until June 9, 2006, and disputed claims that supervisors were notified of a work-related injury on April 27, 2006.

occupational disease6,367 words

Wilson Jr. v. Ricky Wilson, Jr.(2011)

March 3, 2011

reversed

The Commission reversed the ALJ's award of permanent total disability benefits and medical treatment costs for an employee injured in a single-vehicle accident on December 13, 2008, finding that the primary issue is whether the injuries arose out of and in the course of employment. The decision questions whether the employee's trip on the morning of the accident was work-related, as communications with a potential employer about future jobs do not establish that the accident occurred during employment duties.

motor vehicle accident10,101 words

Johme v. St. John's Mercy Medical Center(2011)

February 22, 2011

reversed

The Commission reversed the Administrative Law Judge's denial of compensation and found that the employee, a billing representative, sustained a compensable work injury when she fell and broke her pelvis after twisting her right ankle while making coffee in the employer-provided kitchen during work hours. The employee was performing a task customary in the office and using equipment provided by the employer at the time of the accident.

ankle/fall2,993 words

Blake v. Leo O'Laughlin, Inc.(2011)

February 10, 2011

reversed

The Commission reversed the Administrative Law Judge's denial of workers' compensation benefits, finding that the employee sustained a work-related injury on September 23, 2004, and was entitled to compensation considering preexisting conditions including a 1990 back injury and seizure disorder from a 1993 motor vehicle accident. The Commission determined that the ALJ erred in applying the Second Injury Fund statute and that the employee's prior injuries constituted hindrances and obstacles to employment that must be considered in determining permanent total disability.

back6,002 words

Shepard v. Yellow Transportation(2011)

February 9, 2011

reversed

The Labor and Industrial Relations Commission reversed the Administrative Law Judge's award of compensation for bilateral carpal tunnel syndrome, finding that the employee failed to establish medical evidence of a direct causal connection between the condition and his employment. The Commission determined that without competent medical testimony establishing the occupational disease was work-related, the award was not supported by substantial evidence.

carpal tunnel9,154 words

Edwards v. Honeywell International Inc.(2011)

January 13, 2011

reversed

The Missouri LIRC reversed the Administrative Law Judge's decision and found the Second Injury Fund liable for employee Joe Edwards' permanent total disability, which resulted from a combination of his primary work-related back injury and preexisting cervical spine and right arm disabilities. The Commission determined that the ALJ erred in finding no Second Injury Fund liability by failing to properly consider the employee's documented preexisting disabling conditions.

back5,107 words

Pile v. Lake Regional Health System(2010)

December 17, 2010

reversed

The Missouri Court of Appeals reversed the Commission's prior denial of workers' compensation benefits, finding that the employee's right foot injury arising from a work-related twisting incident had a clear nexus to employment due to excess walking at her workplace. The Commission awarded benefits for the compensable injury after the appellate court remanded the matter with proper legal guidance on applying the "arising out of and in the course of employment" test.

foot4,881 words

Moore v. Buchheit Concrete(2010)

December 8, 2010

reversed

The Commission reversed the administrative law judge's award, finding that the employee failed to meet his burden of proving a compensable work injury by accident on March 24, 2008, while working as a concrete laborer at the North Park site. The decision addresses issues of injury causation, notice requirements, and entitlement to medical treatment and costs.

back9,685 words

Taylor v. Contract Freighters, Inc.(2010)

December 7, 2010

reversed

The Commission reversed its prior denial of workers' compensation benefits after the Court of Appeals remanded the case, finding that employee's truck accident injury arose out of and in the course of employment despite employer's claim of an idiopathic condition. The truck accident, not the employee's cough, was the unexpected traumatic event that caused the physical injury to the employee's body.

work-related accident6,887 words

Bennett v. Kansas City Power & Light(2010)

December 7, 2010

reversed

The Labor and Industrial Relations Commission reversed an Administrative Law Judge's decision and awarded compensation to Paul Bennett for an occupational disease sustained during his 32-year employment at Kansas City Power & Light. The employee was exposed to asbestos and coal dust at power plants from 1970 to 2002, meeting the criteria for occupational disease arising out of and in the course of employment.

occupational disease8,164 words

Taylor v. QuikTrip(2010)

November 4, 2010#02-158195

reversed

The Commission reversed the Administrative Law Judge's award granting Robert Taylor temporary total disability benefits and 5% permanent partial disability for a right ankle injury claimed to have occurred on October 30-31, 2002 at QuikTrip. The Commission found that Taylor failed to prove he sustained a compensable injury and did not provide proper written notice as required by statute.

ankle8,819 words

Taylor v. QuikTrip(2010)

November 4, 2010#02-126399

reversed

The Missouri LIRC reversed the administrative law judge's award that found the employee sustained a compensable right ankle injury on September 30, 2002, while working as an extra relief person at QuikTrip. The Commission determined that the employee failed to prove he sustained a compensable injury and did not provide proper written notice as required by statute.

ankle9,499 words

Toebben v. Fred Weber Construction(2010)

November 4, 2010

reversed

The Commission reversed the Administrative Law Judge's denial of Second Injury Fund liability, finding that the employee's permanent total disability resulted from the combined effect of a pre-existing back injury from a Vietnam landmine accident and a work-related injury sustained on October 25, 2005. The case involved determining whether the work injury, combined with pre-existing disabilities including a prior finger amputation and bilateral hand arthritis, created a greater degree of permanent disability warranting Second Injury Fund compensation.

back9,017 words

Horton v. Veolia Environmental Services(2010)

November 1, 2010

reversed

The Commission reversed the administrative law judge's temporary award and denied compensation, finding that the employee failed to establish he sustained a work accident on September 30, 2006, due to inconsistent and non-credible testimony. The employee's account of a portable toilet falling and pinning him was contradicted by all other witnesses and prior deposition testimony.

shoulder928 words

Steck v. Bluewood, Inc.(2010)

September 28, 2010

reversed

The Commission reversed the administrative law judge's decision and allowed compensation for a back injury sustained on November 16, 2007, while the employee was carrying painting equipment. The decision addressed Second Injury Fund liability in light of the employee's pre-existing disabilities including right knee damage, hearing loss, and pulmonary issues.

back5,201 words

Deibel v. United Parcel Service(2010)

July 20, 2010

reversed

The Commission reversed the Administrative Law Judge's award of 165.84 weeks of permanent partial disability benefits to the Second Injury Fund for an employee's left eye injury combined with a preexisting right eye disability. The Commission found the employee bound by disability ratings in prior settlements and determined insufficient evidence that the preexisting eye disability constituted a hindrance to employment triggering Second Injury Fund liability.

eye injury4,359 words

Biondo v. Dial Corporation(2010)

June 24, 2010

reversed

The Commission reversed the Administrative Law Judge's award that found the employee sustained a compensable work-related eye injury and was entitled to temporary total and permanent partial disability benefits. The Commission determined that the employee failed to prove the alleged workplace accident was a substantial factor in causing his left eye condition, given his pre-existing diabetes-related retinopathy and lack of medical follow-up care.

eye6,561 words

Davidson v. Butler County Fire Protection District(2010)

April 20, 2010

reversed

The Commission reversed the administrative law judge's award of second injury fund wage loss benefits to an employee who was an owner-operator, finding that the definitions of 'employee' and 'employer' under Missouri workers' compensation law exclude owner-operators from coverage. The Second Injury Fund's appeal was granted, and the award of $3,378.70 in second job wage loss benefits was reversed as contrary to the Missouri Workers' Compensation Act.

3,870 words

Wilken v. Qualserv Corporation(2010)

March 16, 2010

reversed

The Commission reversed the Administrative Law Judge's award, denying workers' compensation for an employee who claimed back injuries from two workplace incidents in January and February 2006, along with subsequent complications including a treatment-related burn and pulmonary embolism. The decision hinged on whether the workplace accidents were the prevailing factor in causing the employee's back condition, given significant preexisting degenerative disc disease and spinal stenosis.

back3,854 words

Bond v. Site Line Surveying(2010)

January 21, 2010

reversed

The Commission reversed the Administrative Law Judge's award finding that employee Angela Bond sustained a compensable work injury to her right wrist from a fall caused by tripping over a telephone cord on May 17, 2007. The Commission determined that the employee's injury did not arise out of and in the course of her employment, and therefore reversed the award of past medical expenses, future medical treatment, and attorney's fees.

wrist9,356 words

Cook v. Calmar - St. Gobain(2010)

January 20, 2010

reversed

The Commission reversed the administrative law judge's decision denying the employee's claim against the Second Injury Fund as time-barred. Following the Grubbs v. Treasurer of Missouri precedent, the court determined that a Stipulation for Compromise Settlement with the employer constitutes a 'claim for compensation' that resets the filing deadline for claims against the Second Injury Fund.

accidental injury4,668 words