All Missouri workers' compensation decisions

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to claimant Daniel Deluca for an alleged occupational disease to his low back occurring on October 13, 2013. The judge found that although the injury arose out of and in the course of employment, it was ultimately not compensable under Missouri law, and no benefits were awarded.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Edward Sebelius's work-related torn meniscus injury sustained on February 10, 2015. The decision upheld liability for past medical expenses of $35,681.23 related to knee surgery performed by Dr. Corey Solman on July 14, 2015, despite the employer's argument that the treatment was unauthorized.

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 Commission affirmed the administrative law judge's decision denying workers' compensation benefits for an employee allegedly exposed to Lysol spray, finding no compensable injury or occupational disease. No benefits were awarded, and the Second Injury Fund had no liability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation to employee Jonathan Parker for cervical and shoulder injuries. The Commission issued technical corrections to the ALJ's opinion regarding the timing of the cervical fusion surgery and the identity of the treating physician, but found the ALJ's legal reasoning and analysis of the evidence sound.

The LIRC affirmed the administrative law judge's award of permanent partial disability benefits of $16,837.52 against the Second Injury Fund for an employee with a primary thoracic spine injury combined with a preexisting lumbar spine injury. The Commission determined that the employee's preexisting lumbar disability constituted a potential hindrance or obstacle to employment despite his past ability to work, and the current work-related thoracic spine injury combined with the preexisting condition to cause greater overall disability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation to Carole Jones for injuries sustained while lifting heavy bags at a Menard's store on September 14, 2015. The majority found that the employee failed to establish that her work injury was the prevailing factor in causing her back and shoulder injuries, though a dissenting opinion disputed this finding based on the medical evidence of persistent symptoms since the date of injury.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to James Allen for a work-related injury occurring on May 5, 2015. The employee was awarded 169 weeks of permanent partial disability and 6 weeks of disfigurement compensation totaling $78,928.50, with medical aid of $57,814.59 already provided.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for James Allen's occupational injury occurring on February 1, 2015. The claimant was awarded 109 weeks of permanent partial disability compensation totaling $49,161.18, with medical aid of $28,393.02 already provided by the insurer.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that employee Connie Holloway sustained a compensable occupational disease injury to her right upper extremity due to repetitive job duties on March 1, 2017. This temporary/partial award is subject to further order pending determination of the nature and extent of permanent disability.

The Commission affirmed the ALJ's award allowing workers' compensation benefits for Jimmy Mickelberry, finding that a February 6, 2015 work injury was the prevailing factor in causing cervical radiculopathy and bilateral carpal tunnel syndromes, resulting in permanent total disability when combined with pre-existing conditions. The employee's primary injury and the combined effect of pre-existing and work-related disabilities were supported by credible medical testimony from Dr. P. Brent Koprivica.

The Labor and Industrial Relations Commission modified the administrative law judge's award in this workers' compensation case involving employee Manuel Duarte's occupational disease claim affecting his right shoulder. The Commission affirmed the finding of a work-related occupational disease with permanent total disability benefits, though the case involved procedural complications due to the employee's death during the appeal process.

The Missouri Court of Appeals reversed the Commission's medical expense award, directing it to be reduced to $34,029.06, while affirming all other aspects of the original award. The Commission issued a final award reducing past medical expenses per the Court's mandate while maintaining the remainder of its July 3, 2018 decision.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Dontarius Marks, finding the employee's testimony lacked credibility. A dissenting opinion argued the employee should be found credible and that his injury arose out of and in the course of employment, though the majority's affirming decision prevailed.

The Labor and Industrial Relations Commission modified the administrative law judge's award, finding that the employee only needed to meet a preponderance of the evidence standard (more likely than not) rather than a clear and convincing standard to prove medical treatment was reasonably required for her work-related injuries. The Commission ordered the employer to pay for the initial MRI, while upholding the administrative law judge's findings of 20% permanent partial disability for the back and 5% for the knee.

The Labor and Industrial Relations Commission modified the administrative law judge's award, addressing the employee's entitlement to temporary total disability benefits and permanent partial disability following a January 2, 2014 shoulder injury. The Commission reconsidered the employee's post-injury misconduct and the subsequent discharge for failure to follow proper call-in procedures, ultimately modifying the award regarding temporary total disability benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Jason Harrington, finding he suffered a 20% permanent partial disability to his right knee from his work-related injury on November 18, 2013, combined with preexisting disabilities resulting in permanent total disability. The Commission clarified that while synergy between injuries is relevant to establishing permanent partial disability, the key to Second Injury Fund liability is demonstrating that the combination of the present compensable injury and preexisting disability results in permanent total disability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Cheryl Mincks, finding that her alleged injury while carrying a box down a ladder did not arise out of and in the course of her employment. No compensation was awarded despite medical expenses of $4,487.42 having been paid by the insurer.

The Missouri LIRC affirmed the administrative law judge's decision denying workers' compensation benefits to employee Clifford Austin because his claim was time-barred by the statute of limitations. The court held that workers' compensation payments made under Kansas law did not toll Missouri's three-year statute of limitations period, as the statute requires strict construction and payments must be made 'under this chapter' to qualify.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation, finding that the employee's preexisting conditions did not constitute a hindrance or obstacle to employment under the Second Injury Fund statute. The Commission determined that competent and substantial evidence supported the award and that it was made in accordance with Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission reversed the administrative law judge's denial of benefits and awarded permanent total disability compensation against the Second Injury Fund for an employee injured in a ladder fall on October 30, 2015. The employee's claim was based on the combination of injuries from the primary accident (left wrist, ribs, kidneys, low back) combined with preexisting disabilities.

The Commission affirmed the administrative law judge's award denying compensation, finding that while the employee's repetitive trauma at Cargill resulted in permanent total disability, he failed to prove a pre-existing disability necessary to claim Second Injury Fund benefits. The employee's occupational disease arose from years of repetitive workplace duties rather than a single traumatic event.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Deborah Tedder's July 26, 2011 slip and fall injury at the Department of Corrections, which resulted in diagnoses of post-traumatic stress disorder, traumatic brain injury, and post-concussion syndrome. A dissenting opinion argues the employee failed to establish medical causation of psychiatric disability and permanent total disability, citing inconsistencies in testimony and conflicting expert medical opinions.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in this case involving Teresa Flores' claim against Quaker Window Products Co. The claim was previously settled between the employer and insurer, and the Second Injury Fund was found not liable.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying compensation to Teresa Flores against the Second Injury Fund, finding no liability for permanent partial disability or wage loss benefits. Although the employee's amended claim was timely filed based on the addition of new body parts (neck) to the original occupational disease claim, the Commission upheld the denial of benefits.