Filtered workers' comp decisions

The Commission reversed the Administrative Law Judge's three awards denying compensation after the judge failed to comply with remand orders for over one year. The Commission conducted a merits review and issued a final award allowing compensation due to the judge's failure to fulfill statutory duties regarding proper fact-finding and award issuance.

The Labor and Industrial Relations Commission reversed the administrative law judge's denial of workers' compensation benefits, finding that the employee's injury to his right knee sustained from a fall on a snow and ice-covered parking lot arose out of and in the course of his employment under the extension of premises doctrine. The Commission awarded the employee $26,384.56 for past medical benefits, $2,139.20 for temporary total disability benefits, and $7,334.40 for permanent partial disability benefits.

The Commission reversed the administrative law judge's award that found the employee sustained a compensable back injury on July 14, 2010, while working for FedEx Ground and awarded temporary total disability benefits. The reversal was based on challenges to the findings regarding whether an accident occurred and medical causation for the back injury.

The Commission reversed the administrative law judge's decision that barred the employee's workers' compensation claim based on lack of proper notice to the employer. The employee, who worked as an office assistant performing data entry for approximately 5-6 hours daily, developed bilateral carpal tunnel syndrome diagnosed in 2011 and underwent bilateral carpal tunnel release surgeries.

The Labor and Industrial Relations Commission reversed the administrative law judge's decision denying workers' compensation benefits to Elizabeth Blake for a neck injury sustained while down-stacking microwave ovens on September 5, 2008. The Commission found that the employee's work-related lifting activities were a triggering factor for her compensable work injury, contrary to the ALJ's conclusion that the claim was not compensable.

The Commission reversed the administrative law judge's decision and allowed workers' compensation, finding that the employee sustained a compensable new herniated lumbar disc injury at L3-4 resulting from a work accident, rather than merely an exacerbation of preexisting conditions. The Second Injury Fund was found liable for the employee's permanent partial disability claim.

The Missouri LIRC reversed the administrative law judge's award that found the employee permanently and totally disabled from an October 2008 occupational disease injury to the left wrist combined with preexisting conditions, and denied Second Injury Fund liability. The employee, a 60-year-old bricklayer with over 40 years of experience and a prior history of back, shoulder, and wrist injuries, was found to have sustained a 14% permanent partial disability of the left wrist but did not meet the criteria for permanent total disability.

The Commission reversed the administrative law judge's decision denying a workers' compensation claim, finding that the employee suffered a compensable accident on August 2, 2011, during an altercation with his supervisor. The decision rejected the ALJ's finding that the employee was the aggressor, noting the supervisor's history of initiating verbal and physical confrontations with subordinates.

The Labor and Industrial Relations Commission reversed the administrative law judge's award that granted the employee compensation for injuries arising from a nail gun accident and subsequent motor vehicle accident. The Commission found insufficient evidence that the employee was properly hired in Missouri and questioned whether the nail gun injury was the prevailing factor in the subsequent motor vehicle accident.

The Commission reversed the administrative law judge's decision and awarded compensation for carpal tunnel syndrome to a van driver who worked for Bi-State Development Agency. The employee's occupational disease arose from repetitive work activities including van steering and wheelchair assistance, which were the prevailing factor in developing bilateral carpal tunnel syndrome.

The Commission reversed the Administrative Law Judge's decision denying Second Injury Fund liability, finding that the employee was entitled to compensation for permanent partial or permanent total disability benefits. The case involved a May 24, 2007 right shoulder injury with a supraspinatus tear requiring surgery, complicated by preexisting conditions that the ALJ had found not credible.

The Labor and Industrial Relations Commission reversed the administrative law judge's award and decision, finding that the employee's work as an EMT, involving repeated heavy lifting and carrying of stretchers with obese patients under difficult conditions, was the prevailing factor in causing occupational disease affecting the low back, shoulder, and hip. The Commission determined that the employer is liable to furnish medical care and provide temporary total disability benefits from February 18, 2011, forward.

The Commission reversed the administrative law judge's decision and awarded compensation to employee Elmer T. Bowyer for an occupational disease of the right shoulder arising from 30 years of physically demanding maintenance work. The decision found credible evidence that repetitive tasks including lawn mowing, snow plowing, and event setup over decades caused the shoulder condition with no external causative factors.

The Labor and Industrial Relations Commission reversed the Administrative Law Judge's denial of the employee's workers' compensation claim, finding that the employee sustained a work-related injury on May 22, 2007, that caused cervical spine compression deformities. The Commission determined the employee met his burden of proof that the work injury was the prevailing factor in causing his cervical spine condition and disability.

The Commission reversed the administrative law judge's decision denying workers' compensation benefits, finding that the employee sustained a compensable injury by accident while performing an overnight 13-hour floor stripping and refinishing shift. The employee developed plantar fasciitis in his right foot after completing the demanding work and was entitled to temporary total disability benefits and medical treatment.

The Commission reversed the Administrative Law Judge's decision and awarded compensation to employee Alan Holeman for a work-related accident on August 24, 2009, finding that the accident was the prevailing factor in causing his neck injury and disability despite a preexisting 1996 cervical spine injury. The employee, who had worked for the employer for over 30 years and maintained work restrictions following prior surgery, was entitled to benefits for the work-related aggravation of his cervical condition.

The Commission reversed the administrative law judge's denial of workers' compensation benefits for an occupational disease claim by Ricky Blanchard, who worked as a shipping supervisor at Staples for 23 years. The reversal was based on findings that the ALJ failed to properly understand the extent of the employee's hand activities at work and incorrectly weighed expert medical opinions regarding causation.

The Missouri LIRC reversed the Administrative Law Judge's decision and awarded compensation to employee Daneen Pennington for a work-related low back injury sustained on March 22, 2010, while lifting a box of paper. The primary issue was whether the employee's permanent total disability resulted from the work injury in isolation or in combination with preexisting shoulder impingement syndrome.

The Missouri LIRC reversed the administrative law judge's decision, finding that the employee's medical conditions were related to her work injury of May 6, 2004, and that she was entitled to workers' compensation benefits. The case involved complex issues of causation regarding preexisting back problems and subsequent work-related injuries to the employee's back and right hand/wrist.

The Labor and Industrial Relations Commission reversed the administrative law judge's decision that denied workers' compensation benefits, finding the employee was in the course and scope of employment. The case involved a security officer's injury while performing employer-mandated duties in uniform, including employee mentoring responsibilities.

The Labor and Industrial Relations Commission reversed the administrative law judge's decision that dismissed the case due to improper naming of the employer, finding that Kids Kick-Start Campus, LLC was the proper defendant based on the employer's own admission in its Answer. The employee, Yordanka Morrero, sustained a work-related injury on December 10, 2007, while working as a childcare provider and is entitled to workers' compensation benefits including evaluation of her claimed 24% permanent partial disability of the left arm.

The Commission reversed the administrative law judge's award finding the Second Injury Fund liable for permanent total disability benefits for an employee who suffered bilateral rotator cuff tendonitis from a fall on ice in a truck stop parking lot on December 24, 2004. The employee had significant preexisting conditions including cardiovascular disability from a prior heart attack, diabetes, and sleep apnea, which complicated the assessment of disability attributable solely to the primary shoulder injury.

The Commission reversed the Administrative Law Judge's decision denying permanent partial disability benefits, finding that the employee suffered compensable psychiatric injury (major depression and panic disorder with agoraphobia) with preexisting conditions amounting to 30% permanent partial disability. The Second Injury Fund was found liable for additional permanent total disability benefits based on the combined effect of work-related and preexisting conditions.

The Commission reversed the administrative law judge's denial of workers' compensation benefits for the deceased employee, a Deputy Chief of the Liberty Fire Department who died from hypertension, enlarged heart, and arteriosclerosis. The decision recognizes that the employee's work duties, including emergency response and occupational exposures, were substantial factors in causing the fatal cardiac condition.

The Commission reversed the Administrative Law Judge's award of workers' compensation benefits to an employee who slipped and fell on stairs in a shared office building stairwell, finding that the employee failed to prove her injuries arose out of and in the course of her employment. The reversal was based on the determination that the employer did not own or control the common area where the fall occurred.