All Decisions
2,619 decisions in the archive
Robertson v. Ameren U.E.(2005)
September 23, 2005
The Labor and Industrial Relations Commission modified the administrative law judge's award, affirming the 15 weeks of disfigurement compensation but reversing the 40 weeks of permanent partial disability (10% of body as a whole) for an employee who sustained second-degree flash burns over approximately 8% of his body surface on November 20, 2003. The employee was released to return to work without restrictions as of January 5, 2004, and has continuously worked full duty with no physical limitations since that date.
Washington v. Commercial Letter, Inc.(2005)
September 22, 2005
The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Cory Washington, finding that his alleged back injury from lifting boxes on April 1, 2003 did not arise out of and in the course of his employment. No compensation was awarded, and the claim was determined to be non-compensable under Missouri workers' compensation law.
Reid v. Security Armoured Car Services, Inc.(2005)
September 14, 2005
The Labor and Industrial Relations Commission modified the administrative law judge's March 31, 2005 award, correcting procedural errors including the date of injury (July 31, 2000) and first treatment date (July 31, 2000 rather than August 1, 2005). The Commission affirmed the allowance of attorney's fees, though a dissenting opinion argued for compensation of knee injuries claimed by the employee.
Jenkins v. Superior Bowen Asphalt Company(2005)
September 14, 2005
The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for an occupational disease claim. The employee, who loaded, unloaded, and drove trucks carrying heavy construction equipment from 1984 through December 1, 2001, suffered injuries to bilateral knees, back, and body as a whole that arose out of and in the course of employment.
Durley v. Anheuser-Busch, Inc.(2005)
September 14, 2005
The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Donnell Durley for tinnitus allegedly developed after retirement from Anheuser-Busch. The claimant failed to establish that the occupational disease arose out of and in the course of employment, resulting in no compensation awarded.
Downing v. Mud Brothers, Inc.(2005)
September 14, 2005
The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to Jay Downing for an accident occurring on August 28, 2003. The Commission found that the employee transported tools to his home for personal convenience rather than employer benefit, and rejected the applicability of the mutual benefit doctrine to make the accident compensable.
Temple v. Smurfit Stone Container Corporation(2005)
September 9, 2005
The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Tim Temple for a spontaneous pneumothorax that occurred on October 3, 2000. Medical evidence did not establish that the spontaneous pneumothorax was work-related, despite the injury occurring while the employee was loosening a bolt with a wrench.
Woody v. St. John's Health Systems, Inc.(2005)
August 30, 2005
The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to employee Connie Woody for an injury occurring on February 19, 1996 in Greene County, Missouri. The Commission found the award was supported by competent and substantial evidence and made in accordance with the Missouri Workers' Compensation Act.
Kuegler v. Jim Martin, L.L.C.(2005)
August 30, 2005
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that the employee's motor vehicle accident injury arose out of and in the course of employment. The Commission determined all findings were supported by competent and substantial evidence under the Missouri Workers' Compensation Act.
Bratcher v. GKN Aerospace(2005)
August 30, 2005
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Paul Bratcher for plantar fasciitis caused by wearing rigid steel-toed shoes on hard concrete floors. The claimant was awarded $4,663.91 in total compensation consisting of unpaid medical expenses and permanent partial disability benefits.
Canada v. Western Union Financial Services(2005)
August 24, 2005
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing temporary compensation for an occupational disease claim filed by Mary Canada for wrist injuries sustained from 20 years of typing work. The case involves a temporary award subject to further order, with the Second Injury Fund left open as an additional party.
McCurter v. Cassens Transport Company(2005)
August 23, 2005
The LIRC affirmed the administrative law judge's denial of workers' compensation benefits, finding that the employee's truck driving job was not a substantial factor in developing carpal tunnel syndrome. One commissioner dissented, arguing that medical evidence linked truck driving and repetitive hand use to the condition and that it should be compensable.
Collier v. Ameren UE(2005)
August 23, 2005
The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Winfred Collier for carpal tunnel syndrome. The court found that the employee's condition was attributable to non-work-related risk factors including age, gender, hormonal changes, and obesity rather than workplace injury.
Thomas v. Rose Metal Products(2005)
August 19, 2005
The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation to Angeline Thomas for an alleged injury on September 10, 2003. The Commission found that the administrative law judge correctly evaluated the lay and medical testimony presented in the case.
Politte v. Arrowhead Contractors(2005)
August 10, 2005
The Labor and Industrial Relations Commission modified the Administrative Law Judge's award regarding death benefits for dependents of Kevin G. Politte, who died from a work-related accident on May 14, 2002. The Commission affirmed in part and reversed in part the determination of which dependents qualified for workers' compensation death benefits under Missouri law.
Graves v. Roadway Express(2005)
August 9, 2005
The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Oscar Graves for a right shoulder injury sustained while lifting a dock plate on December 20, 2000. The employee was awarded 40 percent permanent partial disability and permanent total disability benefits from the Second Injury Fund.
Ragsdale v. Litton Advanced Circuitry(2005)
August 8, 2005
The Missouri LIRC affirmed the Administrative Law Judge's award allowing workers' compensation to Cayree Ragsdale for repetitive strain injuries to both wrists and hands sustained on June 24, 1999. The claimant was awarded 20% permanent partial disability to both upper extremities, 8 weeks of permanent partial disability compensation, 8 weeks of disfigurement compensation, and future medical care for hardware removal.
Moore v. ASARCO, Inc. and Doe Run Company(2005)
August 4, 2005
The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Garry Moore's occupational injuries to his neck and body sustained on multiple dates between July 1998 and May 2001 while employed by ASARCO, Inc. and Doe Run Company. The employee was found to have permanent and total disability, with compensation awarded for temporary total disability and necessary medical aid.
Martinez v. Nationwide Paper (now known as Xpedx)(2005)
August 4, 2005
The Court of Appeals reversed and remanded the claim, finding that the Commission's denial of benefits based on lack of direct contractual relationship between claimant and Nationwide Paper was a misapplication of law. David Martinez, a self-employed lumper, was injured on May 26, 1999 while unloading a truck at Nationwide's facility after being contracted by the truck driver.
Jennings v. Station Casino St. Charles(2005)
August 4, 2005
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Cheryl Jennings for a workplace injury on September 16, 1997. The Commission agreed that a previously ordered medical procedure was not causally related to the injury and therefore medical expenses and disability stemming from that procedure were not compensable.
Czuppon v. Midwest Woodworking(2005)
July 26, 2005
Myers v. Hiland Dairy Company(2005)
July 22, 2005
Veldman v. ITEC Attractions, Inc., d/b/a IMAX Entertainment(2005)
July 22, 2005
Vaughn v. Missouri Department of Public Safety(2005)
July 22, 2005
Sanders v. Echlin/Pacer Industries(2005)
July 22, 2005