All Decisions

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to employee Mark Odom. The Commission also ruled on evidentiary issues, including sustaining the exclusion of employer's Exhibit L due to lack of proper foundation.

The Labor and Industrial Relations Commission modified the administrative law judge's award in this workers' compensation case involving Ronald Reynolds, who suffered a work injury on July 17, 2007 resulting in post-traumatic stress disorder and depression. The Commission affirmed the finding of permanent total disability but modified the award regarding past nursing care expenses and other compensation matters.

The Commission affirmed the administrative law judge's award allowing workers' compensation for David Hogenmiller's hearing loss and tinnitus, finding the ALJ properly admitted expert testimony from an audiologist regarding medical causation. The Commission rejected the employer/insurer's challenge to the admissibility of the audiologist's opinions, determining that non-physician experts with specialized knowledge in medical matters may qualify to testify on causation.

The Commission affirmed the administrative law judge's award of permanent total disability benefits, finding that the employee's left shoulder injuries identified on January 31, 2008, were natural and probable consequences of the original April 28, 2006 workplace accident. The employee's left shoulder injuries resulted from compensatory overuse of his left arm due to his primary right shoulder injury, making them compensable as a direct result of the original injury.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Ronald Sanford for a left shoulder rotator cuff injury, with a supplemental correcting opinion clarifying the surgical history. The Commission found the ALJ's award of compensation was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

The Commission affirmed the administrative law judge's award allowing workers' compensation for an employee's work-related right knee injury from July 22, 2014, which required surgery and ongoing pain management. The decision was supported by unrebutted expert testimony that the employee remained symptomatic and required future medical care flowing from the compensable injury.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Rossie P. Judd against DaimlerChrysler, rejecting the employer/insurer's motion to dismiss. The employee appealed the extent of her partial disability rating, claiming competent and substantial evidence supported a finding of more than 11.25% permanent partial disability of the body as a whole.

The Labor and Industrial Relations Commission reversed the Administrative Law Judge's decision denying workers' compensation for a deceased firefighter's non-Hodgkin's lymphoma, finding that the occupational disease claim should be compensated. The Commission determined that the firefighter presumption under Missouri law applied and that the administrative law judge failed to properly apply the burden of proof standards for occupational disease cases.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Rodney D. Deckard's back injury sustained when he slipped on ice on February 24, 2015, while employed by the Department of Natural Resources. The employee was awarded 35% permanent partial disability with temporary total disability payments of $14,134.44 and medical aid valued at $164,250.59.

The LIRC affirmed the Administrative Law Judge's final award denying compensation in this workers' compensation case, finding no benefits were awarded. The claim was ultimately denied, with the court noting that the claim regarding the Second Injury Fund was not filed within the time required by law.

The Commission affirmed the ALJ's denial of workers' compensation benefits for an employee who injured her right knee while stepping onto a concrete step, finding the injury was not work-related. The employee failed to demonstrate that the risk causing her knee injury was related to her employment duties or was a hazard unique to her job as opposed to risks in normal nonemployment life.

The Labor and Industrial Relations Commission reversed the Administrative Law Judge's denial of the employee's claim for reactivation under § 287.140.8, finding that the employee provided sufficient evidence of good cause to reactivate his workers' compensation claim for additional medical treatment. The employee demonstrated a significant decrease in earnings capacity, as he could no longer perform his job as an over-the-road truck driver without a total knee replacement for his work-related right knee injury sustained on September 14, 2009.

The Missouri LIRC modified the ALJ's award in a case involving Jesse Marquess's August 27, 2011 work injury and subsequent death on November 13, 2015. The Commission remanded the matter to determine whether the workplace accident was the prevailing factor in the employee's death and whether dependents Patricia Marquess and Hayley A. Marquess were entitled to death benefits under Chapter 287.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to James Collins. The Commission also addressed procedural issues regarding the timing of the award's issuance and mailing, concluding that the award was properly issued while the administrative law judge remained employed.

The LIRC affirmed the ALJ's denial of workers' compensation benefits for Eugene A. Peacock's claim of bilateral carpal tunnel syndrome as an occupational disease. The employee failed to establish by competent medical evidence a direct causal connection between his repetitive occupational exposure and the carpal tunnel condition.

The Commission reversed the ALJ's denial of workers' compensation benefits for an employee who suffered a rotator cuff tear and biceps tendonitis from 16+ years of repetitive meat-cutting duties. The Commission found the ALJ erred in relying on a shoulder surgeon's opinions lacking substantial foundation while dismissing the opinions of the employee's treating orthopedic surgeon who was familiar with the employee's actual job duties.

The Labor and Industrial Relations Commission modified the administrative law judge's award in a workers' compensation case involving Manuel Duarte's right shoulder occupational disease injury sustained on March 31, 2009. The Commission affirmed the finding of a compensable occupational disease and permanent total disability, with the employer/insurer remaining liable rather than the Second Injury Fund.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding workers' compensation benefits for an employee's workplace injury sustained on December 15, 2011. The Commission reviewed disputed issues including employer's medical treatment direction waiver, liability for medical expenses and temporary total disability benefits, and the extent of permanent disability benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Michael Barnett for a neck disc herniation, finding the ALJ's reliance on the employee's credible description of repetitive job duties and early treatment records adequately established work-related causation. The Commission rejected the employer's arguments that medical opinions and treatment records failed to support a causal connection between the employee's work at Harley Davidson and his condition.

The Labor and Industrial Relations Commission reversed the administrative law judge's denial of Second Injury Fund liability, finding that the employee's work-related tailbone fracture combined synergistically with preexisting conditions (knee injury, carpal tunnel syndrome, and cervical spine issues) to cause greater disability than the sum of individual disabilities. The Commission found the ALJ erred in failing to properly evaluate the nature and extent of preexisting disabilities and in disregarding medical testimony regarding synergistic effects.

The Labor and Industrial Relations Commission modified the administrative law judge's award in a workers' compensation case involving an employee who sustained bilateral plantar fasciitis as an occupational disease from prolonged standing and walking on hard surfaces during employment with the Missouri Department of Corrections. The Commission addressed whether preexisting conditions combined synergistically with the occupational disease to warrant additional permanent partial disability benefits and Second Injury Fund liability.

The LIRC reversed the administrative law judge's denial of Second Injury Fund liability, finding that the employee's work-related injuries to the lumbar spine, cervical spine, and right shoulder combined synergistically with preexisting conditions (right knee patellofemoral syndrome, bilateral carpal tunnel syndrome, and headaches) to cause greater disability than the sum of individual disabilities. The Commission determined the ALJ erred in failing to properly consider medical testimony and evidence regarding the synergistic interaction of the employee's multiple conditions.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Thomas Penning for a right wrist scaphoid fracture sustained in a May 13, 2013 work accident at Harley Davidson. The Commission found the employee's credible testimony and medical evidence, including radiological studies and treating physician diagnosis, supported that the accident was the prevailing factor causing the injury and necessitating all subsequent treatment including fusion and carpal tunnel release procedures.

The LIRC affirmed the ALJ's award of workers' compensation benefits for Jackie Taylor's right eye injury from February 11, 2009, finding credible medical evidence and employee testimony regarding permanent partial disability and synergistic effects with a preexisting knee condition. The Commission rejected the Second Injury Fund's arguments challenging the synergy finding and the consideration of the right knee as a preexisting permanent partial disability.

The Commission modified the administrative law judge's award, reducing the permanent partial disability rating for the lower back from 35% to 15% while affirming the finding that the work accident caused injury to the left shoulder and lower back. The Commission found the employee was not entitled to future medical benefits and rejected causation arguments regarding the employee's sarcoidosis and hip condition.