All Missouri workers' compensation decisions

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Lisa Caldwell's work-related lumbosacral syndrome/severe lumbar strain injury sustained on February 4, 2012. The employee was found to have reached maximum medical improvement on August 15, 2012, with permanent restrictions limiting lifting to 20 pounds and restricting bending, squatting, and kneeling activities to occasional basis.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of 8.75% permanent disability to the body as a whole for the employee's work-related lumbar spine injury sustained on October 25, 2012. The Commission also affirmed a 1.75% load factor assigned for the synergistic effect between the primary low back injury and preexisting hand disabilities, but rejected claims of synergy with unrelated conditions such as nosebleeds, migraines, and ankle issues.

The Missouri LIRC affirmed the Administrative Law Judge's amended award allowing workers' compensation benefits to Sabrina Williams for post-traumatic stress disorder and panic disorder with agoraphobia resulting from a September 7, 2010 workplace attack by an inmate. The Commission corrected an incomplete quote from the treating psychiatrist and clarified the applicable statutory provisions for this 2010 injury case.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding that the employee reached maximum medical improvement and was able to return to work without restrictions as of May 26, 2016. The majority rejected the employee's claim for permanent total disability, though a dissenting opinion argued the employee was permanently and totally disabled based on vocational rehabilitation assessments and medical restrictions.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Thomas Williams' February 28, 2002 occupational disease injury, finding that his employment was a substantial factor in causing the resulting medical condition. The Commission applied the pre-2005 amendment standard for medical causation and determined the same result would obtain even under the higher burden of the post-2005 amendments.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding past medical expenses and future medical benefits for employee Claudio Lopez's workers' compensation claim. The Commission reviewed whether Taylor Roofing and the Second Injury Fund were liable for medical expenses totaling $122,923.08 and future medical care.

The Missouri Court of Appeals reversed the Commission's prior denial of the claim against the Second Injury Fund, finding that the statute of limitations began on January 17, 2013, making the May 7, 2014 claim timely. The Commission affirms that employee's occupational disease claims for hearing loss and tinnitus were properly filed within the two-year statutory window, proceeding to address the merits of the case.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding that employee Ronald Williams suffered a 45% permanent partial disability of the right upper extremity and is permanently and totally disabled based on his April 2011 right shoulder injury combined with preexisting conditions. The Commission rejected the Second Injury Fund's argument that permanent total disability must be certified by specific physician opinion, holding instead that disability determination involves non-medical considerations including the worker's ability to compete in the open labor market.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Reginald Jones for a knee injury sustained when he stepped in a pothole at work. The majority found the injury was merely an aggravation of a preexisting degenerative condition and thus not compensable, though a dissenting opinion argued that aggravation of a preexisting condition can be compensable if the workplace accident is the prevailing factor.

The Commission affirmed the administrative law judge's award of permanent partial disability compensation for cervical spine injury from a November 30, 2008 work injury, finding insufficient medical evidence to support the employee's claim of permanent total disability. The single medical expert in the case explicitly avoided certifying permanent total disability, and the Commission determined that self-reported limitations and vocational expert opinion alone do not constitute competent and substantial evidence for permanent total disability status.

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Pauline Nugent for a wrist fracture. The claim was denied because the injury, sustained from tripping on a parking island while walking in a parking lot, did not arise out of or in the course of employment despite occurring on employer premises.

The Commission affirmed the administrative law judge's award of workers' compensation for employee Jessica Hurd's work-related knee injury sustained on May 31, 2017, finding that Dr. Volarich's medical opinion was supported by competent and substantial evidence and entitled to greater weight than the employer's expert's opinion. The decision upheld compensation despite the employer's challenge regarding the basis of Dr. Volarich's medical assessment.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Debbie Gray for an alleged cervical spine injury occurring in March 2005. The injury was found not to have arisen out of and in the course of employment, and therefore no compensation was awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation to Kevin Parvin for alleged occupational disease injuries to his arms, back, and neck from repetitive work activities. A dissenting opinion argued the employee sustained a compensable occupational disease from repetitive use of his arms while carrying fertilizer bags and raking, though the majority upheld the denial of compensation.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation to employee Linda Daugherty. The Commission rejected employee's argument to pierce the corporate veil to hold Gary and Doris Morris liable as the actual employers.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation to Robert L. Davis for a work-related lower back injury on April 6, 2013. A dissenting opinion argued the employee failed to prove a compensable accident and that medical records did not document the alleged traumatic incident.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award granting workers' compensation benefits to Robert L. Davis for an occupational disease injury. The Commission disregarded the employee's unemployment compensation findings as statutorily prohibited from use in workers' compensation proceedings under § 288.215.

The Commission affirmed the Administrative Law Judge's award denying compensation for an occupational disease claim involving repetitive stress to both upper extremities, finding res judicata principles precluded recovery. The employee had previously settled the same occupational disease claim on April 15, 2010, and the Commission found the denial of benefits was supported by competent and substantial evidence.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to employee Cindy A. Rowe. The decision was supported by competent and substantial evidence and made in accordance with Missouri Workers' Compensation Law.

The Commission affirmed the administrative law judge's award allowing workers' compensation for Keith Persley's acute subscapularis tear, finding the work accident was the prevailing factor in causing the injury and disability. The decision upheld reimbursement for reasonable and customary medical expenses, including reverse shoulder replacement surgery deemed necessary to cure and relieve the effects of the work injury.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying all workers' compensation benefits, finding no compensable injury or occupational disease occurred. The employee was not in the employ of the alleged employers at the time of the alleged March 24, 2015 incident.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to DeUngria Croft for an alleged back injury sustained while moving a refrigerator at Courtesy Diner on March 16, 2015. The claim was found non-compensable because the injury did not arise out of and in the course of employment, proper notice was not received, and the claim was not filed within the required timeframe.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for Jerry Tarpley's right knee injury sustained on August 5, 2010, while employed at Bartch Roofing Company, Inc. The claimant was awarded 36% permanent partial disability of the right knee with compensation from both the employer and the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Theodis Brown for an alleged injury on July 19, 1976. The Commission found that the injury was not compensable under Missouri law, with no accident or occupational disease established and improper notice to the employer.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Theodis Brown, finding no compensable injury or occupational disease occurred. The employee was ordered to pay the alleged employer's attorney fees of $468.85 for prosecuting the appeal without reasonable grounds.