Filtered workers' comp decisions

The Labor and Industrial Relations Commission reversed the administrative law judge's denial of benefits and awarded permanent total disability compensation against the Second Injury Fund for an employee injured in a ladder fall on October 30, 2015. The employee's claim was based on the combination of injuries from the primary accident (left wrist, ribs, kidneys, low back) combined with preexisting disabilities.

The Commission reversed the administrative law judge's decision that the uninsured employer was not subject to Missouri Workers' Compensation Law due to insufficient employees. The Commission found the employer had five employees on the date of injury (February 13, 2014), thereby making the employer liable for the employee's work-related shoulder and cervical spine injuries.

The Commission reversed the Administrative Law Judge's award of 23.398 weeks of permanent partial disability benefits from the Second Injury Fund for an occupational disease claim (carpal tunnel syndrome). Under Missouri law § 287.220.3, occupational disease claims filed after January 1, 2014 are barred from seeking permanent partial disability benefits against the Second Injury Fund.

The LIRC reversed the ALJ's award of workers' compensation benefits to the spouse of a deceased funeral home worker, finding insufficient evidence that the worker was an employee or that an accident occurred within the course and scope of employment on April 17, 2017. The commission determined that the worker's status as a casual laborer and the circumstances of the incident did not meet the statutory requirements for workers' compensation coverage.

The LIRC reversed the ALJ's award of permanent total disability benefits to employee Lucille Schoen for injuries sustained from Cypermethrin exposure on May 8, 2009, finding that the weight of evidence does not support permanent total disability status. The Commission determined that the employee's work exposure caused only transient bronchitis and temporary irritation, and that the incidental knee injury sustained in the physician's office on May 22, 2009, should not be combined with the primary work-related injury for disability assessment purposes.

The Commission reversed the administrative law judge's award of $2,773.86 in permanent partial disability benefits from the Second Injury Fund, finding that the employee's pre-existing left knee injury did not constitute a sufficient hindrance to employment or reach a disability substantially greater when combined with the primary elbow and shoulder injury. The employee, age 19, sustained a lateral epicondylitis of the right elbow and scapular winging of the right shoulder from a lifting injury in March 2008, and settled the primary claim for 22.5% permanent partial disability.

The Commission reversed the Administrative Law Judge's award of permanent total disability benefits to an employee who claimed occupational hearing loss and tinnitus from industrial noise exposure. The Commission found the employee's claim against the Second Injury Fund was untimely and rejected the conclusion that work-related hearing loss combined with preexisting Parkinson's disease resulted in permanent total disability.

The Labor and Industrial Relations Commission reversed the Administrative Law Judge's decision and awarded workers' compensation for the death of Joan Knutter, finding that her death from pulmonary embolism resulting from immobilization following her March 25, 2013 work-related ankle fracture was a compensable natural consequence of the original injury. The Commission found that the employee sustained an accidental ankle fracture arising out of and in the course of employment, and all natural consequences flowing from that injury are compensable.

The Labor and Industrial Relations Commission reversed the Administrative Law Judge's decision denying workers' compensation for a deceased firefighter's non-Hodgkin's lymphoma, finding that the occupational disease claim should be compensated. The Commission determined that the firefighter presumption under Missouri law applied and that the administrative law judge failed to properly apply the burden of proof standards for occupational disease cases.

The Labor and Industrial Relations Commission reversed the Administrative Law Judge's denial of the employee's claim for reactivation under § 287.140.8, finding that the employee provided sufficient evidence of good cause to reactivate his workers' compensation claim for additional medical treatment. The employee demonstrated a significant decrease in earnings capacity, as he could no longer perform his job as an over-the-road truck driver without a total knee replacement for his work-related right knee injury sustained on September 14, 2009.

The Commission reversed the ALJ's denial of workers' compensation benefits for an employee who suffered a rotator cuff tear and biceps tendonitis from 16+ years of repetitive meat-cutting duties. The Commission found the ALJ erred in relying on a shoulder surgeon's opinions lacking substantial foundation while dismissing the opinions of the employee's treating orthopedic surgeon who was familiar with the employee's actual job duties.

The LIRC reversed the administrative law judge's denial of Second Injury Fund liability, finding that the employee's work-related injuries to the lumbar spine, cervical spine, and right shoulder combined synergistically with preexisting conditions (right knee patellofemoral syndrome, bilateral carpal tunnel syndrome, and headaches) to cause greater disability than the sum of individual disabilities. The Commission determined the ALJ erred in failing to properly consider medical testimony and evidence regarding the synergistic interaction of the employee's multiple conditions.

The Labor and Industrial Relations Commission reversed the administrative law judge's denial of Second Injury Fund liability, finding that the employee's work-related tailbone fracture combined synergistically with preexisting conditions (knee injury, carpal tunnel syndrome, and cervical spine issues) to cause greater disability than the sum of individual disabilities. The Commission found the ALJ erred in failing to properly evaluate the nature and extent of preexisting disabilities and in disregarding medical testimony regarding synergistic effects.

The Commission reversed the ALJ's denial of workers' compensation benefits, finding that the employee's low back and left leg injury sustained while changing bed sheets arose out of and in the course of her employment as a nurse aide. The Commission rejected the ALJ's discrediting of the treating physician's opinion that the work injury was the prevailing factor in developing the employee's disc herniation and radiating leg pain.

The Labor and Industrial Relations Commission reversed the Administrative Law Judge's decision that denied all workers' compensation benefits based on alleged marijuana use and a drug-free workplace policy violation. The Commission found that the ALJ erred in concluding the employee violated employer policy, that marijuana use caused the workplace fall, and that benefit forfeiture applied to medical treatment costs.

The Missouri LIRC reversed the administrative law judge's award of 5.225 weeks of permanent partial disability benefits to the Second Injury Fund, finding insufficient medical evidence that the right knee injury had reached maximum medical improvement by the time of the primary injury date. The Commission determined that the employee's right knee surgery in February 2014 and subsequent medical treatment occurred after the relevant injury date, undermining the basis for Second Injury Fund liability.

The Commission reversed the administrative law judge's decision denying workers' compensation benefits for an occupational disease claim of bilateral carpal tunnel syndrome. The employee, a school bus driver, presented evidence that her work duties involving repetitive gripping, steering wheel manipulation, and manual door operation were the prevailing factor in causing her condition.

The Commission reversed the administrative law judge's decision that denied workers' compensation benefits, finding that the employee's fall arose out of and in the course of her employment. The case involved a 68-year-old nurse with preexisting back conditions from a 1983 herniated disc injury and 1993 motor vehicle accident, with the Second Injury Fund's liability remaining at issue.

The Commission reversed the administrative law judge's decision that denied workers' compensation benefits based on alleged refusal to submit to drug testing. The employee actually did submit to the drug test after initial hesitation due to concerns about marijuana exposure at a social event, and there was no evidence the injury was related to substance use.

The Commission reversed the administrative law judge's decision and awarded workers' compensation to Rhonda Clark for a fractured right rib sustained while stirring dairy curds at work on June 20, 2011. The Court found that employee's work activity of leaning against and pushing/pulling on a shovel against a vat was the prevailing factor in causing the rib fracture, and that her subsequent medical treatment for the underlying condition (Langerhans cell histiocytosis) flowed from the work injury.

The Missouri LIRC reversed the administrative law judge's decision and awarded compensation to the estate of William Franken for cancer causally related to occupational exposure to beryllium and radiation during his employment as an electronic fabricator and senior analyst. The Commission found that the statute of limitations claim was inapplicable and that the employee's occupational disease was causally connected to his work at the nuclear weapons manufacturing facility.

The Missouri Court of Appeals reversed the Commission's statute of limitations dismissal, finding that the claim was not barred. The LIRC subsequently reversed the administrative law judge's denial of compensation following the Court's mandate, allowing the employee's workers' compensation claim for an amputation injury sustained during employment in Texas.

The Commission reversed the administrative law judge's decision and awarded workers' compensation benefits, finding that the employee's occupational exposure to aerosolized toxic chemicals in the boiler room was the prevailing factor in causing his cardiac arrest on November 4, 2012. The employee, who had prior cardiac conditions from histoplasmosis-related fibrosing mediastinitis, suffered cardiac arrest after working two days in the contaminated boiler room at ConAgra's food processing facility.

The Missouri LIRC reversed the administrative law judge's award of 15% permanent partial disability and permanent total disability benefits for an employee's compensable work-related left knee injury. The Commission found that the employee's personal physician testified the total disability resulted from preexisting back dysfunction rather than the work-related knee injury, and that pay stubs did not substantiate the assigned rate.

The Commission reversed the administrative law judge's award finding that the employee sustained a compensable work-related right knee injury from a September 15, 2014 accident while operating a forklift. The Commission determined there was insufficient evidence that the injury occurred in the course and scope of employment, particularly given the employee's preexisting knee instability and prior history of buckling and popping.