All Decisions

The Commission affirmed the administrative law judge's dismissal of the workers' compensation claim on jurisdictional grounds, finding that the Division of Workers' Compensation lacked jurisdiction because the employment contract was not made in Missouri. The employee failed to establish that the contract of employment was made in Missouri, as required by Section 287.110.2 RSMo, and the employer's testimony regarding employment practices was found more credible than the employee's assertion of a job offer during a telephone conversation.

The Commission affirmed the administrative law judge's decision awarding no compensation to the employee for claimed right carpal tunnel syndrome as an occupational disease. The employee failed to establish sufficient evidence that the condition arose from occupational exposure greater than that affecting the general public and directly linked to distinctive features of the employment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying all workers' compensation benefits to employee Paul Frost for an alleged workplace injury on April 14, 2002. The Second Injury Fund's application for review was rejected as erroneous since the original decision explicitly awarded no Second Injury Fund benefits, leaving no justiciable issues for appeal.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award in a workers' compensation case involving employee William R. Davis and employer J. T. Pitts for an injury sustained on October 31, 2001. The decision addressed whether the employer was entitled to a 15% reduction in compensation under Section 287.120.6(1) RSMo based on the employee's violation of the employer's alcohol policy.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Regina Davis for an alleged injury on November 20, 2000. The Commission found that there was no compensable accident or occupational disease arising out of and in the course of employment, resulting in no compensation awarded.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Marcus Bentley for an alleged back injury on October 16, 2003. The claimant failed to prove that his physical complaints were related to a work incident and therefore no compensation was awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for an ironworker who sustained a repetitive strain injury to his right upper extremity while employed by Vee-Jay Cement Construction Company. The claimant was awarded compensation for temporary total disability, permanent partial disability to the elbow and wrist, and disfigurement.

The Missouri LIRC affirmed the administrative law judge's award allowing workers' compensation benefits to Douglas Hayden for injuries sustained on February 12, 2003, when his vehicle was struck by a truck while transporting workers. The claimant was awarded 10% permanent disability referable to cervical spine and 20% permanent disability referable to the left bicep, with past medical expenses and temporary disability compensation already paid by the insurer.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Mark H. Frumhoff for a right shoulder injury allegedly sustained on April 21, 2004. The Commission found that the injury did not arise out of and in the course of employment, making it non-compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for Cordia Anderson's back injury sustained on September 24, 2002, while dumping a 55-gallon drum. The injury was found to be compensable under Missouri law with permanent total disability benefits awarded.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Lynn Knox for a right shoulder injury sustained on July 15, 2002, while reaching for merchandise at Garden Ridge Management. The claimant was awarded 30% permanent partial disability with total compensation of $17,406.27, with liability shared between the employer's insurer and the Second Injury Fund.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for David Garrett's occupational disease injuries to both upper extremities sustained while performing repetitive lifting and stacking work duties at Earthgrains Company. The claimant was awarded 30% permanent partial disability to the body as a whole, with the claim against co-employer Micro Innovations denied.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for Ann Dudley, finding that her alleged injury from work stress on January 2, 2004 did not constitute a compensable accident or occupational disease under Missouri law. No compensation was awarded as the injury was determined not to have arisen out of and in the course of employment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of 15 weeks temporary total disability and 160 weeks permanent partial disability, rejecting the employee's claim for permanent total disability benefits. The Commission found the employee failed to prove that her psychiatric condition (somatoform disorder) was directly and proximately caused by the work-related accident of December 13, 1996.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to James Brown for a right upper extremity injury allegedly caused by repetitive use on April 16, 2003. Although the injury arose out of and in the course of employment, it was found not to be compensable under Chapter 287 of Missouri law.

The LIRC modified the administrative law judge's award to properly classify it as a temporary or partial award rather than a final award, as unresolved issues remained regarding permanent disability from the employee's right wrist condition. The proceedings were kept open for further proceedings and a final award, with the left wrist occupational disease compensability claim denied pending additional review.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to James Hayes for an alleged left shoulder injury sustained on May 6, 2002, while pouring molten metal. The Commission found that the 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 affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Garrick Clewis for an alleged October 22, 1999 motor vehicle accident. The Commission found the employer's evidence more credible, determining that the employee did not sustain an injury arising out of and in the course of employment.

The Commission modified the administrative law judge's award regarding the Second Injury Fund's payment obligations for an employee's carpal tunnel syndrome claim. The employee, who had settled with the employer/insurer for 15% permanent partial disability of each hand at the wrist, was found to be permanently and totally disabled when combined with preexisting conditions, and the Commission addressed the proper timeline for SIF benefit payments.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding permanent disability benefits for a June 28, 2002 neck injury (Injury No. 02-102986). The Commission addressed the Second Injury Fund's appeal regarding the timing and calculation of permanent partial disability versus permanent total disability payments.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to James G. Hawley for an alleged back injury from lifting a generator on February 1, 2002. The court found that the employee was not in the employ of the employer at the time of the alleged accident and that the injury did not arise out of and in the course of employment.

The Commission reversed the Administrative Law Judge's award, finding that the employee's bilateral carpal tunnel syndrome was not attributable to an occupational disease arising from her employment. The decision emphasizes that the employee failed to establish the required causal connection between workplace conditions and the claimed occupational disease.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Mark Howard for a low back injury alleged to have occurred on September 4, 2003, finding that the injury did not arise out of and in the course of employment. No compensation was awarded in this case.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Curtis Williams, finding he did not sustain a compensable injury arising out of his employment. The employee's pre-existing diabetic neuropathy and foot conditions were determined to be the cause of his reported pain while working on a ladder, rather than an accident arising out of employment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying all workers' compensation benefits to Brian Senter. The Commission found that the injury was not compensable under Missouri workers' compensation law as it did not arise out of and in the course of employment.