All Decisions

The Commission affirmed the administrative law judge's award finding that employee Candy Myers sustained a compensable right knee injury on December 18, 2015, while unplugging computer cords at work. The claimant is entitled to medical care and weekly benefits, with the award remaining temporary pending final determination.

The Commission affirmed the Administrative Law Judge's award of temporary total disability benefits to Lisa Leech for a right shoulder/arm injury sustained on August 5, 2015 while lifting tubs at her workplace. The employee was awarded 70.86 weeks of temporary total disability compensation at $142.38 per week, with ongoing benefits continuing from the hearing date until she is no longer temporarily totally disabled.

The Commission modified the administrative law judge's award regarding the nature and extent of permanent disability and liability for future medical treatment in this shoulder and wrist injury case. The employee (Thomas Wann) was found to have sustained permanent partial disabilities of both shoulders and wrists, with the Commission reviewing disputed issues of permanent total disability, future medical care, and disfigurement.

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to Joseph Parr for a neck strain sustained in a motor vehicle accident while working as an OTR truck driver on February 16, 2008. Although the injury arose out of and in the course of employment, it was determined to be non-compensable under Missouri Workers' Compensation Law, with no temporary or permanent disability awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Martin Sanchez-Rivera for injuries sustained in a fall from approximately 25 feet while framing a window on July 16, 2010. The employee was awarded permanent total disability benefits with compensation at a rate of $291.68 per week.

The Commission modified the ALJ's award regarding the nature and extent of the employee's permanent disability in a workers' compensation case involving a foot fracture that resulted in life-threatening complications including deep vein thrombosis and pulmonary emboli. The employee, a 54-year-old lumber yard delivery driver, sought permanent total disability compensation due to disabling effects of post-phlebitic syndrome in his left lower extremity resulting from the January 4, 2010 injury.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Kenneth Jones's low back injury that occurred in the course of his employment with Harley Davidson Motor Company. The employee was found to be permanently and totally disabled as a result of the accident, with liability established for past medical expenses and future medical care.

The Labor and Industrial Relations Commission reversed the Administrative Law Judge's decision that denied all workers' compensation benefits based on alleged marijuana use and a drug-free workplace policy violation. The Commission found that the ALJ erred in concluding the employee violated employer policy, that marijuana use caused the workplace fall, and that benefit forfeiture applied to medical treatment costs.

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to employee Henry L. Chester for an alleged back injury claimed to have occurred on June 5, 2012, while lifting bags. The employee failed to prove that he sustained an accident or occupational disease arising out of and in the course of his employment with Sonoco Products Company.

The Missouri LIRC modified the ALJ's award, finding that a work accident on October 26, 2008, was the prevailing factor causing injury to the employee's lumbar spine and that subsequent surgeries (lumbar discectomy/fusion and cervical discectomy/fusion) were reasonably required. The employee was awarded permanent partial disability benefits totaling 120 weeks for the combined lumbar and cervical spine injuries, with the Second Injury Fund held liable for preexisting conditions.

The Commission affirmed the administrative law judge's award finding that Thomas Popejoy's May 17, 2005 work injury resulted in paraplegia and permanent total disability, making the employer liable rather than the Second Injury Fund. The case addresses Second Injury Fund liability and disputes regarding future medical care coverage for the employee's work-related spinal cord injury.

The Commission affirmed the Administrative Law Judge's denial of the employee's claim for permanent partial disability benefits from the Second Injury Fund, finding that § 287.220.3(2) prohibits filing such claims for injuries occurring after January 1, 2014. The employee's primary injury occurred on January 22, 2014, placing it outside the scope of allowable Second Injury Fund claims under Missouri workers' compensation law.

The Commission affirmed the ALJ's award of workers' compensation to custodial worker Kayla Gruender for a left foot injury sustained while playing basketball during a paid break on employer premises. The court found the injury arose out of and in the course of employment under Missouri law's recreational activity exceptions, as the employee was paid during the break and a managerial staff lead participated in the activity.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent total disability benefits to employee Marc Earnest, finding his testimony credible and the disability determination supported by competent and substantial evidence. The decision upheld that Earnest sustained a work-related spinal injury resulting in permanent and total disability.

The Commission affirmed the administrative law judge's award allowing workers' compensation for Joel Adams' work-related abdominal injury, including future medical care. The decision upheld the award based on competent and substantial evidence showing the employee suffers from near-constant severe abdominal pain requiring ongoing pain management medications prescribed by treating physicians.

The Commission affirmed the administrative law judge's award finding the employee permanently and totally disabled due to a primary injury from November 2008 combined with preexisting disabling conditions. The Second Injury Fund's argument that the employee could compete in the open labor market was rejected, as his minimal part-time employment secured through personal connections and earning approximately $150-180 per week does not demonstrate capacity for substantial gainful employment.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding permanent partial disability benefits for an employee who sustained a left knee injury on September 19, 2013, requiring surgical intervention and ongoing medical treatment. The Commission found the initial determination of 22.5% permanent partial disability was too low given the employee's need for continued treatment including Orthovisc injections and eventual total knee replacement.

The Commission modified the Administrative Law Judge's award, determining that Michael Menech was the employer operating subject to Missouri Workers' Compensation Law and was liable for temporary total disability benefits of $60,332.73 from August 20, 2012 to February 8, 2016, plus permanent partial disability benefits of $23,333.10 for a 50% left eye disability. The Second Injury Fund was ordered to reimburse reasonable medical expenses totaling $51,183.42 incurred as a result of the August 20, 2012 injury.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Carmelita Estes for a neck injury sustained on January 27, 2012, while working as a housekeeper at the Missouri Veterans Home. The employee was awarded permanent partial disability benefits of 20% to the body-as-a-whole, totaling $20,960 in compensation, plus future medical treatment for the neck injury.

The Commission affirmed the administrative law judge's award finding the employee permanently and totally disabled as a result of an April 2011 slip and fall injury at the employer's cafeteria. The Commission clarified that while some disability components relate to preexisting conditions, the April 2011 injury alone is sufficient to render the employee permanently and totally disabled.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Martha Satterfield's right foot fracture sustained on December 20, 2013, while working in production. The employee was awarded permanent partial disability benefits at 16.5% of the right foot at the 150-week level, with temporary disability compensation and medical expenses previously paid.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to employee Lisa Deardorff for a low back injury sustained on November 27, 2011, when she was slammed into a wall by a mental patient at Fulton State Hospital. The employee was awarded 30 weeks of permanent partial disability benefits totaling $11,373.90 for 7.5% permanent partial disability of the body as a whole.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Lisa Deardorff for injuries sustained when she slipped on a wet bathroom floor on October 10, 2011. The employee was awarded 14.8 weeks of permanent partial disability benefits totaling $5,826.76 for 2.5% permanent partial disability of the low back and 3% permanent partial disability of the left knee.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Lisa Deardorff for injuries sustained on September 4, 2013, when she was repeatedly hit, kicked, and stomped on by a mental patient at Fulton State Hospital. The employee was found to have multiple permanent partial disabilities across various body parts and is permanently and totally disabled due to the combination of this injury and preexisting disabilities.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Sylvia Johnson for alleged illness from a mandatory flu vaccination. The Commission found that the alleged injury did not arise out of and in the course of employment as required by Missouri Workers' Compensation Law.