All Decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that James K. Haag's back injury sustained on March 17, 2017 while lifting concrete was a compensable workers' compensation claim. The Commission awarded temporary total disability benefits of $618.43 per week beginning October 20, 2017, with medical costs and permanent disability determination to be made at a later date.

The Commission modified the ALJ's award, affirming that the employee, a welder, sustained a work-related back injury on March 22, 2012, resulting in 15% permanent partial disability and permanent total disability status. The Second Injury Fund was held liable for PTD benefits of $333.18 per week for life, with the Commission clarifying that the employee's PTD resulted from the combination of the primary work injury and preexisting disabilities, not the work injury alone.

The LIRC reversed the ALJ's award of permanent total disability benefits to employee Lucille Schoen for injuries sustained from Cypermethrin exposure on May 8, 2009, finding that the weight of evidence does not support permanent total disability status. The Commission determined that the employee's work exposure caused only transient bronchitis and temporary irritation, and that the incidental knee injury sustained in the physician's office on May 22, 2009, should not be combined with the primary work-related injury for disability assessment purposes.

The Commission affirmed the administrative law judge's award of workers' compensation to Linda Ford for a 2005 work-related back injury, with a supplemental opinion correcting a misstatement regarding medical record review. One dissenting opinion disagreed with the denial of future medical care, arguing that ongoing treatment remained necessary.

The Commission reversed the administrative law judge's award of $2,773.86 in permanent partial disability benefits from the Second Injury Fund, finding that the employee's pre-existing left knee injury did not constitute a sufficient hindrance to employment or reach a disability substantially greater when combined with the primary elbow and shoulder injury. The employee, age 19, sustained a lateral epicondylitis of the right elbow and scapular winging of the right shoulder from a lifting injury in March 2008, and settled the primary claim for 22.5% permanent partial disability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing permanent total disability compensation for Barbara Simmons following a January 13, 2012 work injury to her right shoulder at Mercy Hospital St. Louis. A dissenting opinion argued the employee failed to prove permanent total disability, contending she could compete in the open labor market despite her injury.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Rex Wilkerson, finding the award supported by competent and substantial evidence. The concurring opinion noted that while the injury is not covered under Missouri's workers' compensation law, a common law cause of action may be available to the employee as an alternative remedy.

The Commission affirmed the administrative law judge's award denying workers' compensation benefits to Michael Densmore for a crushed middle finger on his left hand sustained on July 16, 2011. The case centered on whether Densmore was an employee or independent contractor at the time of injury, with the ALJ finding he failed to meet his burden of proof due to unfinal details in the work relationship.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to employee Lois McDowell for injuries sustained from catching a two-wheeled cart on a doorway and falling in the hospital parking garage. A dissenting opinion argued the injury was not causally connected to employment because the risk of falling was equally present in normal nonemployment life.

The Commission reversed the Administrative Law Judge's award of permanent total disability benefits to an employee who claimed occupational hearing loss and tinnitus from industrial noise exposure. The Commission found the employee's claim against the Second Injury Fund was untimely and rejected the conclusion that work-related hearing loss combined with preexisting Parkinson's disease resulted in permanent total disability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation to employee Dale Nivens for a knee injury, finding him permanently and totally disabled despite a dissenting opinion questioning his credibility and employability. The Commission approved the ALJ's decision and attorney's fee as fair and reasonable.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of compensation for Dale Nivens' work-related left wrist injury sustained on January 15, 2007 at Interstate Brands Corporation. The claimant was awarded $16,474.06 for 25% permanent partial disability of the left wrist, with compensation to begin immediately.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Juanita Wall for injuries sustained when she fell while pushing a shopping cart at work. The Commission found that the injury did not arise out of and in the course of employment under Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission modified the administrative law judge's award in a medical fee dispute, reducing the insurer's liability by eliminating the prejudgment interest award while maintaining the $2,403.32 medical fee obligation. The Commission addressed the insurer's procedural challenges regarding notice of hearing and the applicability of prejudgment interest under strict construction principles.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Allen Cleghorn for a work injury on October 20, 2015. The Commission determined that Sunshine Home Improvements is secondarily liable as a statutory employer because the immediate employer, Done-Rite Home Improvement, was uninsured.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to Timothy Mealer for an alleged injury sustained on October 25, 2013. The denial was based on the employee's failure to meet his burden of proof regarding medical expenses and maximum medical improvement, despite the injury being found to arise out of and in the course of employment.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits, finding that the April 28, 2015 accident was not the prevailing factor in causing the employee's shoulder condition. The court upheld the greater credibility of orthopedic surgeons Dr. Strong and Dr. Satterlee over occupational medicine expert Dr. Kopravica, whose opinions appeared based on incomplete information.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of permanent total disability benefits for Roy Schenewerk's May 29, 2008 work injury, finding that his inability to work resulted primarily from subsequent worsening of preexisting conditions rather than the compensable injury combined with those conditions. The Commission determined the employee failed to provide sufficient medical evidence evaluating his disability status as of his maximum medical improvement date of September 2, 2009.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to a truck driver who alleged exposure to dangerous fumes over five months. The claim was denied because the alleged occupational disease did not arise out of and in the course of employment under Missouri law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Larry Barrett for a compensable injury to his right hip and lumbar spine sustained on November 10, 2016. The Commission approved permanent partial disability compensation of $24,367.70 based on 15% right hip and 5% body disability referable to the lumbar spine.

The LIRC affirmed the administrative law judge's denial of workers' compensation benefits for employee Vernis Farmer, finding the denial supported by competent and substantial evidence despite challenges to the admission of evidence regarding the employee's criminal conviction for making false statements to obtain Social Security Disability benefits. The employee's lack of credibility was substantiated by uncontested testimony and admissions in the record.

The Commission affirmed the ALJ's decision denying workers' compensation benefits to Edward Crawford for a September 7, 2016 workplace accident, finding he failed to prove that the accident was the prevailing cause of his alleged cervical injuries. The employee's claim for temporary total disability benefits, additional medical treatment, and permanent partial disability was denied.

The Labor and Industrial Relations Commission reversed the Administrative Law Judge's decision and awarded workers' compensation for the death of Joan Knutter, finding that her death from pulmonary embolism resulting from immobilization following her March 25, 2013 work-related ankle fracture was a compensable natural consequence of the original injury. The Commission found that the employee sustained an accidental ankle fracture arising out of and in the course of employment, and all natural consequences flowing from that injury are compensable.

The Commission modified the ALJ's award, finding that the work-related fall on November 2, 2007 was the prevailing factor in causing multiple injuries including facial contusion, eye trauma, shoulder internal derangement, carpal tunnel syndrome, hip bursitis, knee internal derangement, and back pain. The Commission adopted Dr. Volarich's medical findings that the accident caused these injuries requiring multiple surgical repairs and treatments.

The Commission affirmed the ALJ's award of permanent total disability benefits to employee Joseph Fronek for injuries sustained when struck by a vehicle at work, finding the accident was the prevailing factor in causing PTSD, post-concussion syndrome, and physical injuries. The Commission rejected the employer/insurer's challenges to the ALJ's credibility determinations regarding medical expert testimony and evidence, determining that competent and substantial evidence supported the award.