Filtered Decisions

The Missouri LIRC reversed the ALJ's award of lifetime permanent total disability benefits to an employee who settled his cervical spine injury claim for 46% PPD, finding that the employee's continued work for years after the primary injury contradicted a finding of permanent total disability. The Commission held that even assuming permanent total disability, the claimant failed to submit sufficient evidence that his disability resulted from a combination of the primary injury and qualifying preexisting conditions as required by statute.

The Labor and Industrial Relations Commission modified the administrative law judge's award and decision in this workers' compensation case involving employee Pamela McCoy and employer Meridian Medical Technology. The Commission reviewed the case pursuant to § 287.480 RSMo and addressed issues regarding Second Injury Fund eligibility and permanent total disability claims under § 287.220.3.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits in a Second Injury Fund claim. The employee failed to meet the statutory requirements under § 287.220.3 for establishing a qualifying preexisting disability that, combined with a subsequent work-related injury, would result in permanent total disability.

The Commission affirmed the ALJ's denial of Second Injury Fund compensation for claims involving a January 2016 bilateral wrist injury and low back injury, finding that non-qualifying preexisting disabilities cannot be considered in determining permanent and total disability eligibility. The employee's argument that preexisting work-related conditions with fewer than fifty weeks of disability could be included in the PTD award was rejected based on the Supreme Court's holdings in Parker and Klecka.

The Commission affirmed the ALJ's award on insurance coverage regarding a fatal workplace accident where employee Luis Estrada fell from a forklift-elevated wooden box, suffering massive head injuries. The decision addressed compensability and insurance coverage issues under Missouri workers' compensation law, with the injury deemed compensable but coverage disputed between insurers.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to employee Rommal Whitefoot. The Commission found that the Division complied with statutory notice requirements by sending the hearing notice via certified mail to the employee's last known address, rejecting the employee's claim that he received insufficient notice of the February 1, 2022 hearing.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of death benefits to the widow of Russell Hayes, a volunteer firefighter killed in the line of duty. The majority awarded death benefits at the statutory minimum wage rate of $40.00 per week, though a dissenting opinion argued for a higher wage determination based on the statutory provisions for calculating average weekly earnings.

The Missouri LIRC reversed the administrative law judge's award finding medical causation between the employee's December 13, 2017 work injury and her cervical spine condition, determining the employer/insurer's expert opinion more credible than the employee's orthopedist. The Commission ruled the employer/insurer is not liable for compensation or additional medical treatment related to the cervical spine condition.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation to Donna Burns for injuries arising out of her employment at Wal-Mart. The employer/insurer's application for review was denied, with the Commission finding the ALJ's decision supported by competent and substantial evidence.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Robert P. Dahman for injury no. 17-090567, sustained on August 6, 2017. The Commission found the award was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in this case. Missouri was determined to lack jurisdiction over the claim, resulting in no compensation being awarded.

The Commission affirmed the administrative law judge's award of permanent total disability benefits to employee John J. White, Sr. following a fall from a concrete mixer truck on June 14, 2018. The employee is entitled to weekly compensation of $923.01 for life beginning April 10, 2019, with all past due compensation bearing interest as provided by law.

The Commission reversed the ALJ's award of permanent total disability (PTD) benefits from the Second Injury Fund, finding that while the employee sustained a 22.5% permanent partial disability of the right shoulder from the November 3, 2017 work injury, the PTD resulted from a combination of the primary injury and multiple preexisting disabilities including prior knee and ankle injuries. The Court denied SIF liability for PTD benefits because the employee's PTD was not solely attributable to the primary injury combined with preexisting disabilities exclusive of a compensable 1995 left knee injury.

The Commission affirmed the ALJ's award allowing workers' compensation, finding that the employee failed to establish that her July 17, 2014 work event constituted a new and distinct injury separate from her prior June 4, 2014 lifting injury. The employee's unimpeached testimony and expert evidence were deemed insufficient to meet the burden of persuasion required to establish a separate Second Injury Fund claim.

The Commission affirmed the ALJ's award of 5% permanent partial disability of the body as a whole for Timothy R. McCann's June 1, 2018 work injury, finding Dr. Lennard's evaluation more credible than Dr. Koprivica's higher assessment. The Commission also determined that McCann is not permanently and totally disabled based on his employment history, work capacity evaluation, and ability to compete in the open labor market.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Elizabeth A. Steele for injuries sustained when a patient slammed his leg down on her head, neck, and shoulders while she was working as a critical care unit nurse. The Commission found the award was supported by competent and substantial evidence and determined the employee is entitled to permanent and total disability benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying compensation to Carl Hanes for an alleged occupational disease from radiation exposure at the Department of Corrections. The Commission found the employee failed to provide proper notice and that the injury did not arise out of and in the course of employment, resulting in no benefits awarded.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's Temporary or Partial Award in a workers' compensation case for employee Cynthia Porter, finding the award supported by competent and substantial evidence. The Commission upheld the ALJ's determination that the claimant's diabetes was well-controlled, rejecting the employer/insurer's challenge to this medical finding.