Filtered workers' comp decisions

The Commission reversed the ALJ's decision denying permanent total disability (PTD) benefits from the Second Injury Fund for an employee who sustained a compensable work-related cervical spine injury on February 28, 2018, and subsequently underwent surgery at C5-6 and C6-7. The employee settled his claim against the employer for 15% permanent partial disability of the body as a whole referable to the cervical spine and has been unable to work since May 2018.

The Missouri LIRC reversed the ALJ's award of lifetime permanent total disability benefits to an employee who settled his cervical spine injury claim for 46% PPD, finding that the employee's continued work for years after the primary injury contradicted a finding of permanent total disability. The Commission held that even assuming permanent total disability, the claimant failed to submit sufficient evidence that his disability resulted from a combination of the primary injury and qualifying preexisting conditions as required by statute.

The Missouri LIRC reversed the administrative law judge's award finding medical causation between the employee's December 13, 2017 work injury and her cervical spine condition, determining the employer/insurer's expert opinion more credible than the employee's orthopedist. The Commission ruled the employer/insurer is not liable for compensation or additional medical treatment related to the cervical spine condition.

The Commission reversed the ALJ's award of permanent total disability (PTD) benefits from the Second Injury Fund, finding that while the employee sustained a 22.5% permanent partial disability of the right shoulder from the November 3, 2017 work injury, the PTD resulted from a combination of the primary injury and multiple preexisting disabilities including prior knee and ankle injuries. The Court denied SIF liability for PTD benefits because the employee's PTD was not solely attributable to the primary injury combined with preexisting disabilities exclusive of a compensable 1995 left knee injury.

The Missouri Court of Appeals reversed the Labor and Industrial Relations Commission's denial of permanent total disability benefits for Mark Lynch, finding the Second Injury Fund liable for PTD benefits commencing August 1, 2011. The court remanded the case with instructions to award PTD benefits at a differential rate initially and then at the stipulated rate for the remainder of the employee's lifetime.

The Commission reversed the ALJ's denial of workers' compensation benefits for Anil Mueller, who sustained a work injury on January 13, 2015, due to carbon monoxide inhalation while performing maintenance work on a truck in a pit. Mueller's emergency room treatment and medical records, including Dr. Hyer's opinion, established that the workplace injury was the prevailing factor in causing his pulmonary disease and permanent partial disability.

The Commission reversed the administrative law judge's award of permanent total disability benefits and Second Injury Fund liability for an employee who sustained a right upper extremity injury while changing a gas meter in March 2018. The decision hinged on whether the employee's multiple preexisting conditions (prior elbow, shoulder, back, knee injuries, and psychological conditions) combined with the primary injury to render him permanently and totally disabled.

The Commission reversed the Administrative Law Judge's award of permanent partial disability and finding that the Second Injury Fund was liable for permanent total disability. The reversal centered on whether the employee's 2001 work-related injury to bilateral knees and low back constituted a qualifying preexisting disability under § 287.220.3, as the two body parts combined met only 60 weeks of disability rather than the required minimum of 50 weeks each.

The Commission reversed the ALJ's award granting workers' compensation benefits to a certified nursing assistant who injured her left knee while backing out of a narrow space between a bed and wall at a nursing home on March 5, 2015. The ALJ had found the injury work-related and awarded medical expenses, temporary total disability, mileage reimbursement, and permanent partial disability benefits, but the Commission determined this award was erroneous.

The Commission reversed the administrative law judge's award finding that an employee suffered a work-related right shoulder injury on April 27, 2018, when she struck her shoulder on a metal dye plate. The Commission determined that the employee was not entitled to workers' compensation benefits or additional medical care for the alleged injury.

The Commission reversed the administrative law judge's award granting permanent total disability benefits from the Second Injury Fund, holding that the Fund is not liable under the correct application of § 287.220.3 RSMo. The reversal addressed Second Injury Fund liability following a work-related left shoulder and elbow injury, with the AWJ's ruling on future medical care remaining final.

The Missouri Court of Appeals Western District reversed the Commission's award finding the Second Injury Fund liable for permanent total disability benefits and remanded the case for reconsideration of preexisting conditions under § 287.220.3. The Commission was directed to determine which preexisting disabilities met the fifty-week minimum threshold and whether they directly aggravated the October 30, 2015 work-related injury.

The Commission reversed the Administrative Law Judge's denial of the employee's workers' compensation claim, finding that the employee's March 9, 2007 fall while handling dairy milk cases at work was the prevailing factor in causing her lumbar spine injury. The case involved determining the Second Injury Fund's liability for permanent total disability benefits related to the employee's back injury and pre-existing degenerative spine condition.

The Commission reversed the administrative law judge's award of workers' compensation, denying the employee's claim for occupational disease injury from repetitive keyboard use over 33 years of employment. The employee had sought temporary disability benefits, medical reimbursement, future medical benefits, and permanent partial disability compensation, which were all denied upon reversal.

The Labor and Industrial Relations Commission reversed the administrative law judge's decision denying permanent partial disability for a low back injury (DOI 5/17/12), finding that the record contained additional support for establishing a disability rating for this primary injury. The Commission found the employee had established sufficient evidence of permanent partial disability attributable to the primary injury, contrary to the judge's conclusion that the employee failed to meet the burden of proof.

The Commission reversed the administrative law judge's award finding the Second Injury Fund liable for permanent total disability benefits related to the employee's February 3, 2015 occupational disease claim involving progressive back injury. The Commission determined the administrative law judge erred by failing to properly apply the fifty-week standard required under § 287.220.3 RSMo to combine prior injuries with the current injury to establish Second Injury Fund liability.

The Labor and Industrial Relations Commission reversed the administrative law judge's award of permanent total disability benefits from the Second Injury Fund, finding that the judge misapplied the statute by considering preexisting disabilities that did not meet the statutory requirements. The employee sustained a back injury while lifting at work in 2017 and had settled her primary claim for 20% permanent partial disability, but the Second Injury Fund challenged its liability based on the application of preexisting conditions.

The Labor and Industrial Relations Commission reversed the administrative law judge's award that found the Second Injury Fund liable for permanent total disability benefits following an employee's January 3, 2014 workplace accident involving neck and arm injury. The Commission determined the administrative law judge erred in her application of law regarding Fund liability for the occupational disease claim.

The Labor and Industrial Relations Commission reversed the administrative law judge's award of permanent total disability benefits to the Second Injury Fund, finding that the employee's preexisting disabilities did not satisfy the fifty-week requirement under Missouri law. The employee sustained a back injury in a motor vehicle accident while working as a warehouse maintenance manager and subsequently settled his claim against the employer for 12.5% permanent partial disability.

The Missouri LIRC reversed the Administrative Law Judge's award of permanent total disability benefits against the Second Injury Fund, finding that the ALJ misapplied statutory criteria by improperly including preexisting conditions in the analysis. The employee, an aircraft simulation technician, claimed permanent total disability based on left carpal tunnel syndrome combined with preexisting conditions including right shoulder degenerative changes and left knee issues, but the Commission determined the Second Injury Fund was not liable.

The Commission reversed the administrative law judge's award granting Second Injury Fund liability for permanent total disability benefits. The decision focused on whether employee's preexisting conditions (head injury from 1981 and knee surgery from 1982) met the criteria for Second Injury Fund coverage under Missouri law.

The Commission reversed the administrative law judge's decision and found the Second Injury Fund (SIF) liable for compensation in this case involving a preexisting condition of osteogenesis imperfecta. The employee sustained a compensable right knee injury on September 1, 2010, and the Commission determined that the preexisting condition constituted a hindrance or obstacle to employment for purposes of SIF liability.

The Commission reversed the Administrative Law Judge's decision denying workers' compensation benefits, finding that the employee provided sufficient notice to his employer of his right-hand trigger finger injury within the required timeframe. The employee, Wayne Terry, was entitled to compensation for his occupational disease (bilateral trigger fingers) despite initially not receiving treatment for his right hand until December 2016.

The Commission reversed the Administrative Law Judge's award of permanent total disability benefits from the Second Injury Fund for an employee with bilateral carpal tunnel syndrome and multiple pre-existing conditions. The reversal was based on the determination that the claim should be governed by § 287.220.3 RSMo rather than § 287.220.2 RSMo for occupational disease claims filed after January 1, 2014.

The Commission reversed the administrative law judge's award, denying workers' compensation benefits to an installer who was injured when he choked on a breakfast sandwich while driving a company van. The Commission found the injury did not arise out of employment because the employee voluntarily chose to eat while driving in violation of company policy, exposing himself to a hazard unrelated to his job duties.