OTT LAW

All Decisions

2,619 decisions in the archive

Collins v. Kone, Inc.(2018)

June 14, 2018#13-023689

affirmed

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.

7,600 words

Marquess v. Fischer Concrete Services, Inc.(2018)

June 14, 2018#11-068578

modified

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.

occupational disease12,827 words

Pierce v. Bedrock Inc., d/b/a/ Tri State Motor Transit Co.(2018)

June 14, 2018#09-072827

reversed

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.

knee5,846 words

MacFedries v. General Cable Corporation(2018)

June 14, 2018#15-034728

affirmed

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.

knee3,709 words

Peacock v. North American Tie & Timber(2018)

June 13, 2018#10-114063

affirmed

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.

carpal tunnel25,230 words

Dockery v. Dierbergs Markets Inc.(2018)

June 7, 2018#14-049534

reversed

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.

occupational disease6,901 words

Duarte v. Butterball, LLC(2018)

May 10, 2018#09-111523

modified

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.

occupational disease13,959 words

Crafton v. UPS Freight(2018)

May 2, 2018#11-101164

modified

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.

occupational disease11,548 words

Fox v. Missouri Department of Corrections(2018)

May 1, 2018#08-025433

reversed

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.

multiple injuries5,472 words

Barnett v. Harley Davidson(2018)

May 1, 2018#15-065149

affirmed

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.

neck disc herniation4,665 words

Fox v. Missouri Department of Corrections(2018)

May 1, 2018#10-011363

reversed

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.

multiple - pelvis/tailbone, knee, carpal tunnel, cervical spine5,704 words

Fox v. Missouri Department of Corrections(2018)

May 1, 2018#08-121816

modified

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.

occupational disease9,523 words

Penning v. Harley Davidson(2018)

April 25, 2018#13-046307

affirmed

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.

wrist6,022 words

Taylor v. W & M Welding, Inc.(2018)

April 19, 2018#09-024959

affirmed

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.

eye2,698 words

Claxton v. Waterloo Industries(2018)

April 18, 2018#12-104078

modified

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.

back6,703 words

Reiter v. Kansas City Police Department(2018)

April 12, 2018#15-103652

affirmed

The Commission affirmed the administrative law judge's award allowing workers' compensation for an employee who sustained injuries falling during an off-duty obstacle course, finding the injuries arose out of and in the course of employment. The decision applies post-2005 Missouri statutory amendments that modified the legal tests for compensability and abrogated prior case law interpretations.

fall/trauma5,666 words

Rodas v. The Carter Group, Inc. / Villa Bella, LLC / Aandrea Carter(2018)

April 12, 2018#15-078084

affirmed

The Commission affirmed the Administrative Law Judge's award of workers' compensation to Vitaliano Rodas for an injury sustained on May 18, 2015, while performing maintenance and floor-setting work at Villa Bella Apartments in Kansas City, Kansas. The decision established employer-employee relationship despite the use of 1099 forms and found the injury fell within Missouri workers' compensation jurisdiction.

occupational injury8,313 words

Hellmann v. Prairie Farms Dairy, Inc.(2018)

April 5, 2018#12-081978

affirmed

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Alvin Hellmann for a right elbow injury sustained in a slip and fall on a loading dock on October 17, 2012. The award includes 63 weeks of permanent partial disability compensation from the employer and permanent total disability benefits from the Second Injury Fund.

slip and fall2,320 words

Anderson v. Alberici Constructors(2018)

April 3, 2018#11-107331

affirmed

The Commission affirmed the administrative law judge's award denying compensation to employee James Anderson for a workplace injury that occurred on December 1, 2011. The case involved a claim against the Second Injury Fund, which requires evidence of work injury disability combined with preexisting disability to result in enhanced or total disability.

2,119 words

Chudnovtsev v. BSI Constructors, Inc.; St. Louis Brick & Stone(2018)

March 30, 2018#14-027901

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding the employee's April 21, 2014 workplace injury compensable with permanent partial disability ratings of 25% left shoulder, 10% neck, 5% right knee, and 2.5% left ankle. Total compensation of $190,117.96 was awarded for medical treatment and temporary disability benefits already paid, with no future requirements awarded.

multiple injuries6,297 words

Reddick v. Meineke Car Care(2018)

March 21, 2018#04-142854

affirmed

The Missouri LIRC affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Ryan Reddick's injury claim against Meineke Car Care. The Commission found the ALJ's decision was supported by competent and substantial evidence and complied with Missouri Workers' Compensation Law.

211 words

Brown v. Superior Linen Supply Company(2018)

March 7, 2018#14-093366

affirmed

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation for an employee who suffered a right ankle injury while attempting to escape after being locked inside the employer's courtyard at the end of his shift. The Commission concluded that the employee's injuries arose out of and in the course of employment, as his activities were sufficiently incidental to his work, and provided supplemental analysis regarding the 2005 legislative changes to Missouri Workers' Compensation Law.

ankle8,647 words

Farris v. ADS Waste Holdings, Inc. d/b/a Advanced Disposal Service(2018)

March 7, 2018#14-000510

modified

The Commission modified the administrative law judge's award, affirming that the employee sustained a work-related accident from driving over a bumpy road on January 3, 2014, but modifying the finding regarding the nature and extent of disability. The employer/insurer's appeal challenging the accident determination and permanent total disability finding was partially granted, with the disability determination being modified.

occupational disease11,634 words

Johnson v. RBJ Investments(2018)

February 23, 2018#13-098241

affirmed

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to William R. Johnson for a back injury sustained on December 12, 2013, while loading firewood. The claim was settled for 15% permanent partial disability to the body as a whole, with the Second Injury Fund providing ongoing permanent total disability payments.

back5,515 words

Cooper v. Mid-Missouri Mental Health Center(2018)

February 23, 2018#07-130828

modified

The Commission modified the ALJ's award in a workers' compensation case involving hypersensitivity pneumonitis caused by dust exposure in the workplace beginning July 8, 2007. The employee was found to be permanently and totally disabled, with the employer liable for past and future medical expenses related to the occupational disease and its treatment complications.

occupational disease15,082 words