All Decisions

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Lisa Deardorff for injuries sustained on September 4, 2013, when she was repeatedly hit, kicked, and stomped on by a mental patient at Fulton State Hospital. The employee was found to have multiple permanent partial disabilities across various body parts and is permanently and totally disabled due to the combination of this injury and preexisting disabilities.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Sylvia Johnson for alleged illness from a mandatory flu vaccination. The Commission found that the alleged injury did not arise out of and in the course of employment as required by Missouri Workers' Compensation Law.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to employee Lisa Deardorff for a low back injury sustained on November 27, 2011, when she was slammed into a wall by a mental patient at Fulton State Hospital. The employee was awarded 30 weeks of permanent partial disability benefits totaling $11,373.90 for 7.5% permanent partial disability of the body as a whole.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Lisa Deardorff for injuries sustained when she slipped on a wet bathroom floor on October 10, 2011. The employee was awarded 14.8 weeks of permanent partial disability benefits totaling $5,826.76 for 2.5% permanent partial disability of the low back and 3% permanent partial disability of the left knee.

The Missouri LIRC modified the administrative law judge's decision regarding a December 6, 2014 work-related accident involving employee Travis Wilkins, affirming the work-related injury but modifying findings on medical causation, medical expenses, temporary disability, and permanent partial disability awards. The Commission addressed whether a staph infection was causally related to the workplace accident and reviewed the basis for compensation determinations.

The Missouri LIRC reversed the administrative law judge's award of 5.225 weeks of permanent partial disability benefits to the Second Injury Fund, finding insufficient medical evidence that the right knee injury had reached maximum medical improvement by the time of the primary injury date. The Commission determined that the employee's right knee surgery in February 2014 and subsequent medical treatment occurred after the relevant injury date, undermining the basis for Second Injury Fund liability.

The Commission reversed the administrative law judge's decision denying workers' compensation benefits for an occupational disease claim of bilateral carpal tunnel syndrome. The employee, a school bus driver, presented evidence that her work duties involving repetitive gripping, steering wheel manipulation, and manual door operation were the prevailing factor in causing her condition.

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to Mohammad Parviz for an alleged low back and left leg injury from pushing and pulling heavy machines and moving patients on March 30, 2011. The claim was denied because the employee failed to file the claim within the time required by law.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Mohammed Parviz for a right shoulder injury sustained on March 18, 2011 while rolling a patient at St. Luke's Hospital. The claim was denied because it was not filed within the time required by law.

The Commission affirmed the Administrative Law Judge's award of workers' compensation to employee Kay Brown for an ankle injury sustained on August 21, 2014, when her foot became stuck under a rolling cabinet while performing work duties. The Commission found that Brown's injury arose out of and in the course of her employment and rejected the employer's credibility challenges regarding her account of the accident.

The Commission modified the administrative law judge's award, finding the reported workplace accident of February 8, 2011 was the prevailing factor in causing the employee's lumbar spine and psychiatric injuries. The employee was awarded 15% permanent partial disability for lumbar spine injury and 5% for psychiatric disability, with the Second Injury Fund liable for 79.1 weeks of permanent partial disability benefits.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Gregory Pulliam, who sustained a herniated disc of the thoracic spine with myelopathy requiring surgical fusion while lifting a 70-pound box at work on July 4, 2011. The employee was determined to have permanent total disability and the award included approval of reasonable attorney's fees.

The Commission affirmed the ALJ's award denying workers' compensation benefits, finding that the employee's September 25, 2015 injury arose from voluntary horseplay that was neither commonplace nor condoned in the workplace. The injury was determined not to have arisen out of and in the course of employment under Missouri law, as it resulted from a hazard unrelated to the employment to which workers would have been equally exposed outside the employment context.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's temporary award finding that the employee's bilateral upper extremity injury from repetitive work activities (gripping, grabbing, use of vibratory sander, and twisting) at Harley-Davidson on November 30, 2015, was compensable under Missouri workers' compensation law. The award is temporary/partial, subject to future modification, with future medical care awarded and a 25% attorney lien applied.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for Joseph Abt's occupational hearing loss in his left ear caused by industrial noise exposure. The employee was awarded $637.36 in permanent partial disability compensation at a rate of $433.58 per week, with the claim properly filed and all procedural requirements satisfied.

The LIRC affirmed the administrative law judge's award allowing workers' compensation benefits for Donald Davis's low back injury sustained on June 6, 2007, while removing a 600-pound vending machine at a motel complex. The injury was found to be compensable under Missouri law, with 20% permanent partial disability awarded to the low back.

The Commission modified the administrative law judge's decision regarding the nature and extent of disability, finding the employee credible and her complaints substantially corroborated by medical records. The employee sustained work-related injuries to her lumbar spine, left hip, and left lower extremity from a February 17, 2010 accident, with the Commission reconsidering the determination of permanent total disability based on the employee's documented daily pain and functional limitations.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding average weekly wage, future medical care, and the nature and extent of disability for Heather Bass, who sustained injuries to her left shoulder and elbow along with a psychiatric condition. The Commission adopted the ALJ's findings on permanent partial disability benefits while addressing disputes over compensation rates and medical care liability.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's temporary or partial award of workers' compensation benefits to Ronald Duncan, finding the award was supported by competent and substantial evidence. The Commission also upheld its jurisdiction to determine temporary total disability benefits based on the affirmed award of medical treatment.

The Commission modified the Administrative Law Judge's award regarding the nature and extent of employer's liability for permanent disability resulting from a November 11, 2009 work injury causing herniated discs at L4-5 and L5-S1. The Commission affirmed causality findings and medical expense liability but modified the disability compensation determinations and Second Injury Fund liability.

The Labor and Industrial Relations Commission modified the administrative law judge's award, increasing the permanent partial disability rating for the employee's left knee injury sustained on June 2, 2010, and finding employer liable for future medical benefits including knee replacement. The Commission rejected the employer's expert testimony that minimized the work injury's effects and found the employee's preexisting degenerative arthritis was asymptomatic prior to the work accident.

The Commission affirmed the administrative law judge's award allowing workers' compensation for Matthew Hembree, finding that the ALJ properly credited Dr. Mullins's credible medical testimony regarding future medical care needs. The employer's right to select treating physicians remains intact, but they must select providers who accept the ALJ's factual findings regarding the injury's nature and severity.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation to employee Dustin Elsworth for a motor vehicle accident injury occurring on March 30, 2007, rejecting the employer's argument for a safety penalty reduction based on the employee's alleged ADHD and texting while driving. The Commission held that negligence is immaterial in workers' compensation proceedings and that a safety penalty under § 287.120.5 can only apply when an employer has established specific safety rules or devices with employee knowledge and reasonable enforcement efforts.

The Commission modified the administrative law judge's award, affirming that the employee sustained a compensable cervical spine injury (herniated disc with loose fragment) on January 16, 2013, during work and that surgical treatment was reasonable and necessary. The Commission ordered the employer to pay temporary total disability benefits and medical expenses including discectomy and fusion surgery at the C6-7 level.

The Labor and Industrial Relations Commission modified the administrative law judge's award, adopting most findings while addressing the admissibility of Dr. Stillings' medical report and determining permanent partial disability percentages for a right ankle injury sustained on June 6, 2012. The employee was awarded 35% permanent partial disability to the right ankle and 2% permanent partial disability of the body as a whole for psychiatric/psychological injuries causally related to the work accident.