Filtered workers' comp decisions

The Commission reversed the Administrative Law Judge's decision and found that the employee's injuries from a coworker's assault arose out of and in the course of employment, as the assault resulted from work friction rather than being of neutral origin. The assault occurred when the coworker followed the employee home and attacked her after an altercation at work, making the claim compensable for temporary total disability, past medical expenses, and permanent partial disability benefits.

The Commission reversed the Administrative Law Judge's dismissal of the employee's Second Injury Fund claim, finding that the ALJ erred in determining lack of subject matter jurisdiction. The employee, who had settled his claim against the employer for bilateral elbow injuries (35% right upper extremity and 30% left upper extremity permanent partial disability), proceeded against the Second Injury Fund and was entitled to have his claim substantively considered on remand.

The Commission reversed the Administrative Law Judge's decision that classified the employee as a domestic servant exempt from workers' compensation coverage. The employee, a Certified Nurse Aide providing medical care to a homebound patient with Parkinson's Disease, sustained a compensable back injury to the lumbar spine (6% permanent partial disability) when the patient's knees buckled while being transferred to a reclining chair.

The Commission reversed the administrative law judge's award of workers' compensation benefits to Jeremy Sanfilippo, finding that the employer was not liable because the accident occurred on private property not owned or controlled by the employer. The Commission applied strict construction to Missouri statute § 287.020.5, which abrogates employer liability for accidents on non-employer-controlled property.

The Commission reversed the Administrative Law Judge's denial of workers' compensation benefits and awarded compensation to the widow of Alan Leake, a firefighter who died following work-related activities on April 30, 2006. The Commission found that the employee's work activities responding to two motor vehicle accidents were the prevailing factor in causing his death.

The Missouri Court of Appeals vacated the Commission's affirmation of the administrative law judge's denial of workers' compensation benefits, finding insufficient findings of fact and unclear legal reasoning regarding whether the March 31, 2002 injury arose out of and in the course of employment. The Commission reversed the administrative law judge's award on remand to provide proper findings and conclusions on the primary issue of whether the injury was work-related.

The Commission reversed the Administrative Law Judge's decision and found that the employee's preexisting injuries met the Second Injury Fund threshold, entitling her to compensation. The employee, an orthodontic assistant, sustained a cervical spine injury when her feet became entangled in wires causing her to trip and fall on November 2, 1998, and was awarded 37.5% permanent partial disability of the body as a whole.

The Commission reversed the Administrative Law Judge's award of workers' compensation benefits for a customer care representative who fell at work on July 5, 2006, sustaining back and bilateral knee injuries. The Commission determined that the work-related accident was not the prevailing factor in causing the employee's back and bilateral knee conditions, given her documented pre-existing back problems and the temporal inconsistencies in her medical reporting.

The Commission reversed the Administrative Law Judge's dismissal of Joseph Johnson's workers' compensation claim based on untimely filing. The Commission determined that Johnson's claim, initially rejected by the Division on April 24, 2003 due to technical deficiencies, should have been accepted with that date as the filing date upon resubmission with corrections, rather than using the June 9, 2003 resubmission date.

The LIRC reversed the administrative law judge's award and issued a correcting order clarifying that repetitive motion injuries are compensable only if occupational exposure was the prevailing factor in causing both the medical condition and disability. The case involves an employee's occupational disease claim from repetitive vibration and motion exposure while working as a plumber performing cabling and high-pressure line cleaning work.

The Commission reversed the administrative law judge's award that found a compensable work injury arising from a June 1, 2006 incident and ordered employer to pay for arthroscopic shoulder surgery and related care. The primary issue on appeal was whether the alleged June 1, 2006 work injury was the prevailing factor in causing the employee's right shoulder condition, given her prior motor vehicle accident in May 2004 and subsequent January 2006 shoulder surgery.

The Commission reversed the Administrative Law Judge's decision that rejected the employee's occupational disease claim, finding the ALJ exceeded his authority by deciding an issue not in dispute when the parties had stipulated to the occurrence of an occupational disease on September 1, 2003. The Commission remanded the case to address the stipulated issues of the nature and extent of permanent disability and apportionment between the employer and Second Injury Fund.

The Commission reversed the administrative law judge's denial of workers' compensation benefits, finding that the employee's April 13, 2004 left ankle injury arose out of and in the course of his employment as a bailiff. The case is remanded to determine the nature and extent of permanent partial disability, with compensation calculated at the maximum rate of $347.05 per week.

The Missouri Court of Appeals reversed the Commission's denial of an occupational disease claim, finding that the employee satisfied the 30-day notice requirement and that a one-day discrepancy in the date of injury caused no prejudice to the employer. The Commission reinstated compensation for the employee's occupational disease claim.

The Labor and Industrial Relations Commission reversed the Administrative Law Judge's denial of workers' compensation benefits, finding that the employee credibly proved she sustained a compensable low back injury on May 28, 2004, while moving boxes at her workstation. The Commission concluded the employee is entitled to compensation for the accident-related injury arising out of and in the course of her employment.

The Commission reversed the administrative law judge's decision regarding Second Injury Fund liability in a workers' compensation case involving an employee who sustained 49.9% hearing loss from industrial noise exposure. The employee and employer settled their dispute, leaving only the question of Second Injury Fund liability to be resolved on appeal.

The Commission reversed the administrative law judge's award of workers' compensation to Christina Alcorn, a paraprofessional educator who claimed a back injury sustained while lifting a seizing student from bleachers on November 11, 2003. The reversal was based on the employee's failure to provide written notice of the injury within thirty days as required by Missouri statute, with the Commission finding insufficient evidence that the employer was not prejudiced by the delayed notice.

The Commission reversed the Administrative Law Judge's award of workers' compensation benefits to Sharon Snyder, finding insufficient evidence that her arm injury was sustained in a work accident on January 9, 2006. The reversal was based on inconsistencies in the employee's account and lack of corroboration from her supervisor regarding the alleged work-related injury, resulting in no compensation being awarded.

The Commission reversed the Administrative Law Judge's decision denying compensation, finding that the employee's wrist condition on September 22, 2000 was a compensable occupational disease injury rather than a continuation of a prior 1998 accident. The employee is entitled to benefits for permanent disability and related medical expenses as a result of the work-related injury.

The Labor and Industrial Relations Commission reversed the Administrative Law Judge's decision that denied the employee's claim against the Second Injury Fund as time-barred. The Commission found that the employee's November 2004 settlement with the employer/insurer constituted a claim against the Second Injury Fund, making the subsequent September 2005 filing timely under Missouri workers' compensation law.

The Commission reversed the Administrative Law Judge's denial of benefits to the dependents of Thomas Barton, who died in an automobile accident on March 24, 2004 while attending a work-related SLAA board meeting. The ALJ had found the accident did not arise out of and in the course of employment and that intoxication barred recovery, but the Commission disagreed with this determination.

The Commission reversed the administrative law judge's decision denying further medical treatment and past medical expenses, finding that the employee was entitled to ongoing treatment related to her July 16, 2005 work injury. The Commission determined that the employee's need for further medical care was medically causally related to the work injury and awarded past medical expenses of $527.15.

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.