Filtered Decisions

The Missouri Court of Appeals reversed the Commission's prior denial of death benefits, finding that the employee's religiously-motivated refusal of blood transfusion treatment was reasonable and not an unreasonable refusal under Section 287.140.5 RSMo. The Commission awarded death benefits to the widow commencing May 1, 2002, in the amount of $292.04 weekly.

The Commission reversed the administrative law judge's award of 7.5% permanent partial disability to an employee who sustained a lacerated right leg from a metal pipe strike, finding no competent medical evidence supported any permanent partial disability. The Commission determined that the award was based on visual inspection of a leg that had been subsequently re-injured, making it impossible to distinguish disability from the original work injury versus later unrelated events.

The LIRC reversed the Administrative Law Judge's award of workers' compensation death benefits to the dependents of Norman Heiskell, who died in November 2003 following an October 2003 accident at Golden City Foundry. The Commission concluded that the employee's death was not due to an accident arising out of and in the course of his employment, thereby denying the death benefits claim.

The Commission reversed the Administrative Law Judge's award of temporary compensation, finding that the employee failed to sustain his burden of proving an injury arose out of and in the course of employment. The employee's loss of consciousness on April 15, 2005, was determined to be unrelated to work duties and likely attributable to his pre-existing medical condition of migraines and seizure history rather than a work-related accident.

The Commission reversed the Administrative Law Judge's award that had waived the notice requirement for filing a proof of claim in the employer's bankruptcy proceeding. The employee failed to file a timely proof of claim with the bankruptcy court as required by statute, and this jurisdictional requirement cannot be waived despite the employee's claim that notice was not received.

The Commission reversed the administrative law judge's decision that denied Second Injury Fund liability, finding that the employee's February 2002 cervical spine injury alone did not cause permanent total disability. The employee, a tree climber, suffered a neck injury requiring anterior cervical fusion and subsequently developed psychiatric conditions, with disputes over causation and the Second Injury Fund's responsibility.

The Commission reversed the Administrative Law Judge's decision and found that the employee sustained a compensable work-related injury when her left knee dislocated while she was putting on surgical booties as part of her housekeeping duties on January 8, 2006. The treating orthopedic surgeon testified that the knee dislocation was related to the work accident and was the primary factor leading to the injury.

The Commission reversed the Administrative Law Judge's award of workers' compensation benefits for hearing loss, finding that the employee failed to meet the burden of proving that workplace noise exposure was a substantial cause of the condition. The Commission determined that Dr. McKinney's medical opinion was more credible and persuasive than Dr. Berkowitz's opinion, which had supported the employee's claim.

The Labor and Industrial Relations Commission reversed the Administrative Law Judge's award of workers' compensation benefits, determining that the employee failed to sustain his burden of proof that he suffered an injury arising out of and in the course of employment. The employee claimed injury on October 4, 2004 while bending over to pick up a heavy metal crate at a construction site in West Plains, Missouri.

The Missouri Court of Appeals reversed the Commission's denial of a workers' compensation claim for mental injury sustained by a licensed practical nurse who was physically assaulted by a patient on December 30, 2000. The Commission was instructed to apply section 287.120.1 to determine whether the employee sustained an accidental injury arising out of employment, as the assault constitutes unprovoked violence covered under workers' compensation law.

The Commission reversed the Administrative Law Judge's denial of workers' compensation death benefits to the minor dependent of Michael Klein. The case involves determination of dependent status and whether an employment relationship existed between the deceased and the alleged employer under Missouri statutory provisions.

The Labor and Industrial Relations Commission reversed the Administrative Law Judge's decision regarding Caren Braswell's workers' compensation claim for an injury sustained on February 1, 2004, while responding to a call at a private residence in Stone County. The case involved stipulated issues regarding whether the employee sustained a compensable work-related injury and entitlement to temporary total disability benefits and medical expenses.

The Commission reversed the administrative law judge's denial of workers' compensation benefits, finding that the employer was the last employer to expose the employee to the hazard causing bilateral carpal tunnel syndrome. Under the last exposure rule, the employer is liable for benefits for this occupational disease that arose out of and in the course of the employee's employment as a material handler.

The LIRC reversed the Administrative Law Judge's award, finding that the employee failed to establish medical causation between the July 29, 2004 work accident and the subsequent development of a complex perirectal fistula. The Commission determined that work was not a substantial factor in causing the resulting medical condition, as required under Missouri workers' compensation law.

The Commission reversed the administrative law judge's award of death benefits to the dependents of Amanda Ketchem, a first-grade teacher who died in a motor vehicle accident while driving to work. The Commission concluded that the death was not attributable to an accident arising out of and in the course of employment, as it occurred during the employee's commute and the employer did not require work to be taken home.

The Missouri LIRC reversed the Administrative Law Judge's award, finding that the employee did not sustain an injury arising out of and in the course of employment. The Commission disagreed with the ALJ's conclusion that a compensable workplace injury occurred on March 19, 1999.

The Labor and Industrial Relations Commission reversed the administrative law judge's award of permanent total disability benefits from the Second Injury Fund, finding insufficient evidence of a pre-existing disability that constituted a hindrance to employment at the time of the work injury. The Commission determined that without proof of such a qualifying pre-existing condition, the employee's claim against the Second Injury Fund could not be sustained.

The Commission reversed the administrative law judge's award of death benefits to the widow of an employee who died from injuries sustained in a work-related motor vehicle accident after refusing life-saving blood transfusions based on religious beliefs. The Commission found that the employee's refusal to accept medical treatment was unreasonable under Missouri workers' compensation law, thereby relieving the employer of liability for the death.

The Commission reversed the administrative law judge's award of permanent total disability benefits from the Second Injury Fund, finding insufficient evidence that the employee had a pre-existing permanent disability that constituted a hindrance or obstacle to employment at the time of the work injury. The lack of competent and substantial evidence regarding the pre-existing disability condition rendered the Second Injury Fund claim unsuccessful.

The Commission reversed the Administrative Law Judge's award of occupational disease benefits for deep vein thrombosis, concluding the employee contracted an ordinary disease of life rather than an occupational disease. The Commission found the employee failed to establish that his condition arose from a risk distinctly connected to his employment as a vulcanizer.

The Missouri LIRC reversed the Administrative Law Judge's award, finding that the employee failed to establish that an injury was sustained due to an accident arising out of and in the course of employment. The Commission determined that the employer's evidence was more credible and persuasive than the employee's version of the alleged accident.

The Labor and Industrial Relations Commission reversed the administrative law judge's decision and awarded compensation to Linda Tubb for a thoracic back injury sustained on May 28, 2002, while working on an assembly line. The Commission found the employee entitled to benefits despite the ALJ's determination that the condition was an ordinary disease of life rather than an occupational disease.

The Commission reversed the Administrative Law Judge's decision and awarded workers' compensation benefits to Leslie Dubose for injuries sustained in a motor vehicle accident precipitated by an idiopathic occurrence (seizure disorder). The Commission held that the employee is entitled to benefits because the conditions of employment caused or contributed to cause the accident, establishing the required causal connection under section 287.120 RSMo.

The Labor and Industrial Relations Commission reversed the Administrative Law Judge's denial of workers' compensation benefits, finding that the employee sustained a compensable work-related injury from an unprovoked assault. The employee was entitled to compensation for medical expenses totaling $5,942.44 incurred as a result of the work-connected assault.

The Commission reversed the Administrative Law Judge's temporary award issued on July 28, 2005, and issued a final award in lieu thereof regarding a back injury claim from September 11, 2002. The disputed issues included medical causality between the accident and back condition, need for back surgery, medical care liability, temporary total disability benefits, maximum medical improvement status, and permanent partial disability determination.