OTT LAW

Filtered Decisions

75 decisions matching filters

Suchland v. Department of Corrections(2021)

December 28, 2021#13-095685

affirmed

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Tammy L. Suchland's December 22, 2013 injury. The Commission found that Suchland failed to produce competent evidence supporting her claim for reimbursement of unauthorized medical treatment, as the employer ultimately provided her with a continuous course of care.

9,828 words

Copeland v. Gencom, Inc.(2021)

December 27, 2021#14-009289

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for James K. Copeland's injuries sustained in a workplace accident. The decision found that arterial thrombosis, subsequent ischemia, right leg amputation, and bowel resection were work-related injuries caused by trauma from the accident, despite a dissenting opinion arguing the decision should be modified.

arterial thrombosis, ischemia, amputation11,121 words

Mueller v. Peoplease Corporation(2021)

December 17, 2021#15-003742

reversed

The Commission reversed the ALJ's denial of workers' compensation benefits for Anil Mueller, who sustained a work injury on January 13, 2015, due to carbon monoxide inhalation while performing maintenance work on a truck in a pit. Mueller's emergency room treatment and medical records, including Dr. Hyer's opinion, established that the workplace injury was the prevailing factor in causing his pulmonary disease and permanent partial disability.

occupational disease6,202 words

Swindle v. Alton Construction LLC(2021)

December 17, 2021#14-071392

affirmed

The Commission affirmed the ALJ's award finding the employee sustained a significant work-related shoulder and neck injury while using a sledgehammer, but was not permanently and totally disabled. The employee was awarded 50% permanent partial disability to the body as a whole, plus 9% for psychological conditions, six weeks of disfigurement compensation, and open future medical benefits.

shoulder and neck8,835 words

Gourley v. Cox Medical Center(2021)

December 15, 2021#07-031701

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Carol Gourley's injury sustained on January 13, 2007 at Cox Medical Center. One commissioner dissented, arguing the ALJ erred in denying payment for unpaid medical bills ($173,896.25) and temporary total disability benefits ($109,574.64) related to the compensable 2007 injury.

back12,971 words

Zachary Holland v. Expert Global Solutions(2021)

November 29, 2021#16-051694

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for an employee's thoracic outlet syndrome and bilateral tendinitis as occupational diseases arising out of employment. A dissenting opinion contested the finding, arguing the ALJ erred in attributing the thoracic outlet syndrome to the employment, though the majority opinion upheld the original award.

occupational disease9,989 words

McMillion v. Bi-State Development Agency(2021)

November 29, 2021#05-036949

affirmed

The LIRC affirmed the ALJ's award of permanent partial disability (39.92 weeks) to the Second Injury Fund, rejecting the employee's claim for permanent total disability. The Commission found that while the employee was credible and deemed unemployable by experts, substantial disabling conditions existed that were unrelated to the primary 2005 injury and therefore did not meet the statutory requirement for PTD benefits.

multiple9,593 words

Kinnaird v. Buckeye International, Incorporated(2021)

November 22, 2021#09-061323

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation to Barbara Kinnaird, finding insufficient evidence that repetitive work duties or chemical exposure were the prevailing factor in causing her cervical disc disease and arthritis. The employee's argument that Dr. Schoedinger's opinion supported a work-related causation was rejected because the medical evidence only established work as a contributing factor rather than the prevailing cause.

occupational disease14,265 words

Kinnaird v. Buckeye International, Incorporated(2021)

November 22, 2021#09-042828

affirmed

The Commission affirmed the ALJ's denial of workers' compensation benefits, finding that the employee failed to establish that her job duties were the prevailing factor in causing her cervical disc disease and arthritis condition. Although medical evidence suggested work activities may have aggravated the condition, this was insufficient to meet the causation standard required under Missouri workers' compensation law.

cervical spine14,716 words

Kinnaird v. Buckeye International, Incorporated(2021)

November 22, 2021#09-043615

affirmed

The Commission affirmed the administrative law judge's award denying compensation to Barbara Kinnaird for an occupational disease claim involving cervical disc disease and arthritis. The court found that while Dr. Schoedinger acknowledged repetitive work duties may have contributed to the employee's condition, he did not establish that work was the prevailing factor in causing the medical condition, which is required for compensability under Missouri law.

occupational disease14,006 words

Skaggs v. Missouri Department of Transportation(2021)

November 19, 2021#18-042133

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that Randy Skaggs sustained a compensable work injury on June 7, 2018, that was the prevailing factor in causing his permanent total disability. The Commission clarified that the parties stipulated to a work incident on that date and determined the employer is liable for all PTD benefits and future medical treatment, with the Second Injury Fund having no liability due to absence of qualifying preexisting disabilities.

occupational disease10,009 words

Wilson v. Jack's Truck Rental, Inc.(2021)

November 5, 2021#17-085134

affirmed

The Missouri Court of Appeals reversed the Commission's prior denial and remanded the case with instructions to award permanent total disability benefits. The Commission issued a final award granting the employee $400.00 per week in permanent total disability benefits from the Second Injury Fund, commencing May 18, 2020.

339 words

Carewicz v. Playcraft Pontoon Company d/b/a Richland Diversified Industries(2021)

November 4, 2021#14-102788

affirmed

The Commission affirmed the Administrative Law Judge's award, finding the employee lacked credibility regarding the mechanism of injury and body parts injured due to contradictory and embellished testimony. The decision upheld the admission of the employee's prior criminal conviction as relevant to assessing his credibility in the workers' compensation claim.

15,255 words

Rogers v. Marion C. Early R V School District(2021)

October 22, 2021#15-093845

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for an employee's left knee injury, including approval for total knee replacement and related medical care. One dissenting member argued the knee replacement did not flow from the work injury and that employer liability should be limited to the successful meniscectomies already performed.

knee5,412 words

Mazariegos Hernandez v. ** Butterball, LLC(2021)

October 21, 2021#17-10588317-10700019-056530

modified

The LIRC affirmed the ALJ's findings that the employer unreasonably denied the employee's workers' compensation claim for work injuries sustained on September 19, 2017, and ordered provision of additional medical treatments including MRI imaging, physical therapy, and EMG/NCS testing. The LIRC modified the award only regarding attorney's fees and costs, finding that issue not yet ripe for consideration at the temporary award stage and remanding for future resolution once the case is fully developed.

bilateral hand injuries, low back, knees25,704 words

Campbell v. Dish Network Corporation(2021)

October 7, 2021#18-109984

affirmed

The Commission affirmed the ALJ's temporary or partial award finding that the employee's December 5, 2018 work injury was compensable and that the employee was entitled to medical care, including cervical fusion treatment for C7 radiculopathy. A dissenting opinion argued the work injury was merely a triggering factor for a preexisting degenerative disc disease rather than the prevailing cause of the need for treatment.

cervical radiculopathy6,673 words

Cantrell v. Spire, Inc.(2021)

September 15, 2021#18-019636

reversed

The Commission reversed the administrative law judge's award of permanent total disability benefits and Second Injury Fund liability for an employee who sustained a right upper extremity injury while changing a gas meter in March 2018. The decision hinged on whether the employee's multiple preexisting conditions (prior elbow, shoulder, back, knee injuries, and psychological conditions) combined with the primary injury to render him permanently and totally disabled.

upper extremity11,088 words

Harper v. Springfield Rehab and Health Care Center/ NHC Health(2021)

September 13, 2021#18-057914

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's amended award allowing compensation to employee Jeannie E Harper. The Commission denied the employer/insurer's request for judicial notice of prior workers' compensation claims and settlements, finding the records were not newly discovered evidence.

10,112 words

Davis v. Lazer Spot, Inc.(2021)

September 13, 2021#14-063032

affirmed

The Labor and Industrial Relations Commission affirmed an administrative law judge's award denying workers' compensation to employee Wesley Davis. The decision addresses eligibility requirements under Missouri's Second Injury Fund statute, requiring both a qualifying preexisting disability and a subsequent compensable work-related injury that combine to result in permanent total disability.

4,003 words

Watson v. Tuthill Corporation(2021)

September 13, 2021#16-008686

affirmed

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in this case. The injury occurred on February 1, 2016, and the ALJ's award of no compensation was found to be supported by competent and substantial evidence under Missouri Workers' Compensation Law.

5,800 words

Watson v. Tuthill Corporation(2021)

September 13, 2021#15-036120

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to employee William Watson for injury no. 15-036120, dated April 23, 2015. The Commission found the award supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

6,003 words

Fields v. Southwest Airlines(2021)

September 10, 2021#11-064748

modified

The Missouri Court of Appeals affirmed the Labor and Industrial Relations Commission's award for three injury claims but reversed the award in Injury No. 12-107133, remanding to the Commission for permanent total disability benefits. The Commission awarded the Second Injury Fund as liable for permanent total disability benefits commencing February 4, 2015, at a differential rate of $258.95 for 18.45 weeks and thereafter at $692.53 per week for the employee's lifetime.

occupational disease423 words

Wolf v. Duckett Creek Sewer District(2021)

August 25, 2021#14-105395

affirmed

The Commission affirmed the Administrative Law Judge's award allowing permanent total disability compensation to Clifford Wolf against the Second Injury Fund, finding his primary carpal tunnel syndrome injury combined with preexisting disabilities from a prior back injury and polio rendered him permanently and totally disabled. The employee settled his primary claim for $35,500 based on 22.5% permanent partial disability of the right wrist and 20% of the left wrist.

carpal tunnel6,615 words

Ingles v. Corrigan Brothers, Inc.(2021)

August 18, 2021#14-102499

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation to employee Ray Ingles. The decision addresses Second Injury Fund claim requirements under Missouri law, determining that the employee did not meet the statutory conditions for compensation eligibility.

5,320 words

Adams v. Jim Hawk Truck Trailers(2021)

August 18, 2021#15-073485

reversed

The Commission reversed the Administrative Law Judge's award of permanent partial disability and finding that the Second Injury Fund was liable for permanent total disability. The reversal centered on whether the employee's 2001 work-related injury to bilateral knees and low back constituted a qualifying preexisting disability under § 287.220.3, as the two body parts combined met only 60 weeks of disability rather than the required minimum of 50 weeks each.

back and knee6,554 words