All Decisions

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 Commission affirmed the administrative law judge's decision denying workers' compensation to an in-home health aide who claimed a cervical spine injury from attempting to lift a 400-pound patient. The claim was denied due to failure to establish medical causation, including significant inconsistencies regarding the date of injury and a ten-day delay in seeking emergency treatment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of permanent total disability compensation to employee Donald Clift for a back injury sustained on May 8, 2013, while performing repetitive heavy lifting. The claimant's injury was found to be compensable under Missouri workers' compensation law, with a weekly compensation rate of $384.62 established by agreement.

The Missouri LIRC affirmed the administrative law judge's award denying workers' compensation benefits to Yolanda Harris for an alleged occupational disease. The Commission found that the claimant's condition did not arise out of and in the course of her employment as a customer service representative, despite proper notice and timely filing.

The Commission reversed the administrative law judge's decision that denied workers' compensation benefits, finding that the employee's fall arose out of and in the course of her employment. The case involved a 68-year-old nurse with preexisting back conditions from a 1983 herniated disc injury and 1993 motor vehicle accident, with the Second Injury Fund's liability remaining at issue.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Shirlane Horton, finding that her alleged injury to the left upper extremity from grabbing a patient lift bar or repetitive trauma as a housekeeper did not arise out of and in the course of employment. No compensation was awarded.

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits, finding that the employee failed to establish that an injury by accident or occupational disease arose out of and in the course of employment. The employee, a housekeeper, alleged injury to her left upper extremity either by grabbing a patient lift bar or through repetitive trauma, but the evidence did not support compensability under Missouri workers' compensation law.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Tammy Edgerton for an alleged lung injury from breathing fumes while cleaning a bathroom. The Commission found that the alleged injury did not arise out of and in the course of employment and therefore was not compensable under Missouri law.

The Commission modified the administrative law judge's award, finding that the employee is entitled to past medical expenses for treatment related to his cervical spine strain injury from a May 24, 2012 motor vehicle accident. The employee was awarded 7.5% permanent partial disability of the cervical spine, though the Commission addressed the issue of medical expense liability that the ALJ had denied.

The Commission reversed the administrative law judge's decision that denied workers' compensation benefits based on alleged refusal to submit to drug testing. The employee actually did submit to the drug test after initial hesitation due to concerns about marijuana exposure at a social event, and there was no evidence the injury was related to substance use.

The Commission affirmed the administrative law judge's award of workers' compensation to Jon Phillips, a forklift driver employed for 32 years, who sustained a left hip fracture when he fell off a shallow graded ramp while entering the break room on October 14, 2013. The Court found the injury arose out of and in the course of his employment, as he fell while performing a routine work-related task in a work area with an unsafe condition (no safety rail).

The Commission affirmed the administrative law judge's award denying compensation because the employee failed to prove he sustained an accident as defined by Missouri law, with the judge finding the employee's testimony about the alleged December 20, 2011 workplace accident to lack credibility. All other issues were deemed moot due to the employee's failure to establish an accident or pursue an alternative occupational disease theory.

The Commission affirmed the administrative law judge's award of workers' compensation to Barbara Head for an occupational disease injury involving her left arm and shoulder sustained during employment at Harley-Davidson. The injury arose from both a machine malfunction incident and repetitive trauma from lifting and manipulating motorcycle gas tanks, with the occupational exposure determined to be the prevailing factor in causing the medical condition and disability.

The Commission modified the Administrative Law Judge's award to allow workers' compensation benefits for mesothelioma, an occupational disease caused by toxic exposure during employment. The Court determined that the surviving spouse of the deceased employee is entitled to mesothelioma benefits under Missouri's 2014 statutory amendments, with liability fixed as of the diagnosis date rather than exposure date.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits to Edith Carter, the surviving spouse of deceased employee Phillip Carter. The Commission held that Carter's contingent right to Schoemehl benefits was extinguished when a prior permanent total disability award became final without a finding that she was the employee's dependent at the time of injury.

The Missouri Court of Appeals reversed the Commission's original decision and remanded the case with instructions to award permanent total disability benefits against the Second Injury Fund. The LIRC issued a final award granting permanent total disability benefits to James Wickam beginning September 29, 2004, at differential and stipulated weekly rates, continuing for his lifetime.

The Missouri LIRC modified the administrative law judge's award in a workers' compensation case involving Richard Wetzel's compensable work injury suffered on February 14, 2012, when he slipped and fell while carrying a heavy die casting, resulting in a trimalleolar fracture of the right ankle and claims of complex regional pain syndrome. The Commission modified the award regarding the nature and extent of permanent disability, adopting most of the ALJ's findings while disagreeing with the determination on permanent total disability status.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Shirley Tyler for a low back injury sustained on August 26, 2014 while lifting trash at her workplace. The claimant was awarded 40 weeks of permanent partial disability compensation totaling $16,419.60 for a 10% permanent partial disability rating of the low back.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for Carl Schwarzen, who suffered compensable injuries including concussion, cervical osteoarthritis aggravation, knee osteoarthritis aggravation, and soft tissue injuries when his vehicle was struck from behind while traveling to a job site in Nebraska on July 20, 2016. The award is temporary or partial in nature, with the proceedings remaining open for further orders and a final award.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Colleen Nichols, who sustained injuries to her neck, low back, and left extremities when she fell down steps on October 29, 2009. The employee was awarded permanent total disability benefits along with additional temporary total disability compensation and approved medical expenses totaling over $70,000.

The LIRC modified the ALJ's award regarding future medical care and medical causation of permanent total disability and Second Injury Fund liability in a case involving a 61-year-old machine operator who slipped on a spilled chemical and sustained injuries to her wrist, mouth, and knee. The Commission affirmed the ALJ's findings on past medical expenses, temporary disability benefits, and permanent partial disability benefits, while modifying determinations on future medical care eligibility and Second Injury Fund liability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Barbara Fuller for an occupational disease injury sustained on August 29, 2011, involving repetitive gripping and grasping work. The employee was awarded compensation for temporary disability, permanent partial disability of both wrists, and disfigurement benefits totaling $55,168.54.

The Commission modified the administrative law judge's award in this workers' compensation case involving a lumbar spine injury sustained by an employee of Mexico School District on August 29, 2006. The decision addresses the employee's entitlement to permanent partial disability benefits and the liability of the Second Injury Fund, while affirming that the work accident was the prevailing factor in causing the lumbar spine injury.

The Commission affirmed the Administrative Law Judge's award of permanent and total disability benefits to the employee for a right foot injury sustained on June 5, 2009, while employed at Paris Ready Mix and Precast. The employee was awarded ongoing permanent and total disability payments beginning January 15, 2010, totaling $106,914.34 plus future PTD payments subject to modification and review.

The Commission affirmed the administrative law judge's award of workers' compensation to Paul Brown for heat exhaustion injuries sustained while working as a general manager at a Domino's Pizza location on July 8, 2012. The claimant was awarded $44,707.90 in compensation for past medical expenses and 35 weeks of permanent partial disability benefits representing 8.75% of the body as a whole.