Filtered Decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Herbert Hilderbrand for a left wrist injury caused by repetitive use of air and vibratory tools, wiring tasks, and ulnar deviation movements. The claimant was awarded 17.5% permanent disability compensation for the left wrist with a weekly rate of $350.67/$340.12.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Steven Holubeck for an alleged injury on August 27, 1999, finding the claim was not filed within the time required by law. No compensation was awarded in this case.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation to Jesse Bunch for a right knee injury sustained on June 2, 1999, while exiting a tractor trailer at Yellow Freight System. The employee was awarded permanent partial disability compensation of 37.4625 weeks from the Second Injury Fund, with 30% permanent disability to the right knee.

The Commission affirmed the administrative law judge's award of workers' compensation for Glenn Fernau's March 22, 2003 workplace injury, but modified the disability rating for low back and hip injuries from 15% to 5% of the body as a whole based on evidence of walking and sleeping difficulties. The employee was awarded 392 weeks of permanent partial disability with benefits including compensation for shoulder, back, hip, psychiatric, and facial injuries.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Tracy W. Mayes, an employee of Suntrup Ford, Inc., who sustained a work-related back injury on March 28, 1997. The Commission found competent and substantial evidence supporting the causal relationship between the employee's workplace accident and herniated discs at L4-5 and L5-S1, which required surgical intervention.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to employee Karim Alnaumany for a right upper extremity injury sustained on January 4, 2002 while lifting a kitchen countertop. The Commission awarded $2,520.00 in permanent partial disability compensation (10.5 weeks at $240.00 weekly rate) from the Second Injury Fund, finding the injury compensable under Missouri law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Ralph Scott for an alleged right knee injury claimed to result from prolonged walking and standing during employment. The Commission found that the injury did not arise out of and in the course of employment under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Lakeishia Winford for an alleged nail puncture wound to her left heel on April 11, 2003. The Commission found that the injury did not arise out of and in the course of employment, and therefore no compensation was awarded.

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 Missouri LIRC modified the administrative law judge's award by adding temporary total disability benefits for June 1-23, 2004, finding the employee was medically restricted from work during this period pending neurosurgical evaluation. The employee sustained a lumbar strain from a work accident on March 25, 2004, and reached maximum medical improvement after the neurosurgical consultation on June 23, 2004.

The Labor and Industrial Relations Commission affirmed the award of workers' compensation to the widow of a deceased employee, requiring the employer to pay for mechanical mobility devices including motorized wheelchairs, scooters, and modified vans. The Commission remanded the case to determine the cost differential between an average vehicle and an accessibility-modified van, ultimately rejecting the employer's argument that the issue became moot upon the employee's death.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Bryan Portell for an alleged injury to his neck and upper back sustained while operating a hoist on May 29, 2002. The claim was denied because the injury did not arise out of and in the course of employment, as the injury resulted from sneezing rather than a work-related accident.

The Commission affirmed the Administrative Law Judge's award of workers' compensation for Dennis Shay, who sustained repetitive motion injuries to his left wrist, elbow, and right shoulder while fixing aircraft tires. The employee was awarded 10% permanent partial disability benefits for both the left upper extremity and right shoulder, totaling $15,033.30 in compensation.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to Terry Penberthy for a back injury claimed to have occurred on September 4, 2003 at United Parcel Service. A dissenting opinion argued the employee met the burden of proof for an accident involving a dolly-moving incident that caused radiating back and leg pain.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Pattie Wilson for a work-related aggravation of a pre-existing herniated disc at L5/S1 level sustained when struck by a resident on August 16, 2002. The employee was awarded 10% permanent partial disability of the body as a whole, with temporary total disability compensation of $9,098.32 and medical aid of $7,539.12 already paid.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Janet Kersting's left shoulder injury sustained in a February 12, 2002 workplace fall. The employee was awarded 74% permanent partial disability of the left upper extremity and permanent total disability beginning September 5, 2005.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Jerrold Walden for an alleged back injury sustained while handling plywood sheets on January 17, 2003. The commission found that the injury did not arise out of and in the course of employment, making it non-compensable under Missouri workers' compensation law.

The Commission affirmed the administrative law judge's award of workers' compensation to Christopher King for a burn injury to his right ankle/foot caused by hot grease splashing during cooking on November 30, 2004. The employee was awarded $870.64 in compensation for 5% permanent partial disability of the right ankle.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to John B. Flaim for an alleged occupational disease of the spine. The claim was denied because the alleged injury did not arise out of and in the course of employment, and the claim was not filed within the required timeframe.

The LIRC affirmed the administrative law judge's award denying workers' compensation to Don Northern (deceased, substituted by claimant Lisa Northern) for carpal tunnel syndrome allegedly caused by work duties. One commissioner dissented, arguing the ALJ erred in finding insufficient evidence that the employee's work caused the carpal tunnel condition.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for Alan Chase's injury to his lumbar and cervical spine sustained while lifting laundry on March 10, 2005. Although the injury was determined to be compensable and work-related, no compensation was awarded as the case was settled.

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 Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for DeAndre Collins, who sustained a contused right knee injury on October 22, 1998, while employed by United Parcel Service, Inc. The claimant was awarded 25% permanent partial disability benefits for the right knee injury, with temporary disability compensation and medical aid already paid by the insurer.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Matthew Ryan for a right hip injury sustained on November 18, 2004, when he jumped from a moving truck. Although the injury was found to be compensable and arose out of the course of employment, no compensation was awarded.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Phillip Sanders for a left shoulder injury sustained on August 28, 2000, while working for Ward Plumbing and Heating Co. The claimant was awarded compensation for temporary disability, permanent partial disability (30%), and necessary medical expenses totaling $21,685.95.