Filtered Decisions

The Commission affirmed the Administrative Law Judge's decision denying the employee's workers' compensation claim, finding that the employee failed to prove she sustained a back injury arising out of and in the course of her employment and failed to prove work was the prevailing factor causing her back condition. The claim was subsequently settled between the employee and employer/insurer on July 29, 2010.

The Commission affirmed the administrative law judge's denial of compensation for Donna Moorman's claimed left shoulder injury from repetitive work as a bottle washer and packaging department employee. The employee failed to prove that her left shoulder condition arose out of her employment and that her work was the prevailing factor in causing her disability.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation to employee Darlana Jones for injuries sustained on March 1, 2001, arising out of her employment. The decision determined that the Second Injury Fund is liable for enhanced permanent partial or total disability benefits based on expert testimony that the employee is permanently totally disabled as a result of her work-related carpal tunnel syndrome combined with preexisting disabilities.

The Commission affirmed the administrative law judge's award for an employee who fell down stairs while traveling to see patients as part of her home health care duties. The injury arose out of and in the course of employment because traveling to patients and exiting the building were integral to the employee's job duties, creating a clear nexus between the work and the injury.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Teresa Carkeek's cervical spine injury sustained on December 13, 2006, when she tripped on debris while pushing a buggy at work. The Second Injury Fund was held liable for 20 weeks of compensation at $376.55 per week, totaling $7,531.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award regarding future medical care for employee Melvin Boyers, who suffered a left knee injury on August 26, 2005 when he slipped and fell while dragging a pole after a storm. The Commission affirmed the underlying compensability finding and adopted most of the ALJ's decision, while modifying the future medical care provision to ensure the employer/insurer provides all reasonably necessary future medical treatment.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Teresa Carkeek's June 2006 work injury, while clarifying that the Second Injury Fund was not liable for permanent total disability benefits since this was not her last work-related injury. The Commission disagreed with the administrative law judge's reasoning on the Second Injury Fund liability issue but affirmed the overall compensation award and approved the attorney's fees.

The Missouri Court of Appeals reversed the Commission's prior denial of workers' compensation benefits, finding that the employee's right foot injury arising from a work-related twisting incident had a clear nexus to employment due to excess walking at her workplace. The Commission awarded benefits for the compensable injury after the appellate court remanded the matter with proper legal guidance on applying the "arising out of and in the course of employment" test.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Pamela Cotter for an alleged herniated disc of the cervical spine sustained on October 18, 2004. Although the injury arose out of and in the course of employment, it was determined to be non-compensable under Missouri workers' compensation law.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Romondo Battle for a cervical spine injury sustained on February 4, 2008, while fighting a fire for the City of St. Louis. The claimant was awarded permanent partial disability compensation with the Second Injury Fund liable for a portion of the benefits.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award regarding a November 20, 2005 workplace accident, addressing issues of permanent total disability, temporary total disability benefits, and past medical expenses. The Commission's decision considered whether the employee's pre-existing psychiatric condition from prior trauma affected her workers' compensation eligibility and benefits.

The Commission modified the ALJ's award regarding causation of an ACL tear sustained on September 21, 2005, determining liability for medical treatment and temporary total disability benefits. The case addresses whether a subsequent January 2007 ice fall constituted an intervening event breaking the chain of causation or was a natural result of the original workplace injury.

The Commission affirmed the administrative law judge's award allowing Second Injury Fund compensation for an employee with carpal tunnel syndrome in both wrists (15% permanent partial disability each) and significant preexisting disabilities in the shoulders and low back. The employee was entitled to 35.19 weeks of multiplicity compensation from the Second Injury Fund totaling $12,459.00.

The Commission reversed the administrative law judge's award, finding that the employee failed to meet his burden of proving a compensable work injury by accident on March 24, 2008, while working as a concrete laborer at the North Park site. The decision addresses issues of injury causation, notice requirements, and entitlement to medical treatment and costs.

The Commission affirmed the administrative law judge's award finding that employee Carla Rucker sustained a work-related injury to her left wrist on January 10, 2005, with 25% permanent partial disability and permanent total disability when combined with preexisting conditions. The Second Injury Fund's challenge to causation and the accident itself was rejected as unsupported by evidence.

The Commission reversed its prior denial of workers' compensation benefits after the Court of Appeals remanded the case, finding that employee's truck accident injury arose out of and in the course of employment despite employer's claim of an idiopathic condition. The truck accident, not the employee's cough, was the unexpected traumatic event that caused the physical injury to the employee's body.

The Commission modified the ALJ's March 11, 2010 award in a workers' compensation case involving a March 1, 1995 vehicular accident in a TWA parking lot that caused neck injuries with bulging cervical discs. The employee claimed both physical and psychiatric permanent disabilities, but the ALJ found the psychiatric causation implausible and offset any physical disability award with third-party recovery credits, resulting in no benefits awarded.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Anthony Hughes, a postal letter carrier who alleged a psychological injury on June 6, 2006. The Commission found that the alleged injury did not arise out of and in the course of employment and therefore was not compensable under Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission reversed an Administrative Law Judge's decision and awarded compensation to Paul Bennett for an occupational disease sustained during his 32-year employment at Kansas City Power & Light. The employee was exposed to asbestos and coal dust at power plants from 1970 to 2002, meeting the criteria for occupational disease arising out of and in the course of employment.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award to include future medical care for Katherine Hunt's work injury from July 11, 2005, finding that she demonstrated reasonable probability of needing such care despite previously declining offered treatment. The Commission affirmed all other aspects of the original award and approved the attorney's fee as fair and reasonable.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation to employee Frederick H. Monteil. The decision addresses the apportionment of a third-party settlement between the employer and employee pursuant to Missouri subrogation statutes.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Randy Doran for a claimed shoulder injury and depression, finding he failed to prove the requisite causal connection between his work and the injuries. The Commission found Dr. Haupt's orthopedic surgery opinion more credible than Dr. Volarich's opinion, noting that Dr. Volarich was misled regarding the employee's use of a slide hammer tool and lacked detailed knowledge of the actual work mechanics involved.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for an employee who suffered a left knee injury when an earthen bank collapsed at work on November 8, 2005. The award includes compensation for unpaid medical expenses, temporary disability, and 64 weeks of permanent partial disability at 40% of the left knee.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying compensation to Gregory Robertson, a garbage truck worker who fell from the truck on April 1, 2008, sustaining injuries to his back and left knee. Despite the dissenting opinion arguing the decision should be reversed, the majority found the ALJ's award was supported by competent and substantial evidence and in accordance with the Missouri Workers' Compensation Act.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of the employee's claim against the Second Injury Fund, finding no compensation was owed despite the occupational disease being work-related. The employee's claim against the employer remains open.