OTT LAW

Filtered Decisions

194 decisions matching filters

Pointer v. Osage County, Missouri(2006)

November 7, 2006

modified

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award denying compensation, agreeing with the conclusion but substituting its own reasoning regarding the timeliness of the claim. The Commission concluded that the employer timely filed the required report of injury under § 287.380.1, making the employee's claim filed over two years after the last payment time-barred under § 287.430.

3,154 words

Akins v. Leonard's SNS, Inc.(2006)

November 6, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Jon E. Akins for injuries sustained in a fall on August 1, 2004. Although the accident occurred during employment and proper notice was given, the claim was denied, resulting in no compensation or medical benefits being awarded.

head/face2,388 words

Clayton v. Langco Tool and Plastics, Inc.(2006)

November 3, 2006

affirmed

The LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Nancy Clayton for an alleged back injury on October 26, 1999, finding she failed to meet her burden of proof regarding the work-related nature of the accident. One commissioner dissented, arguing that competent evidence supported a finding of workplace injury and that the employee's credibility should not have been questioned based on minor variations in medical histories over several years.

back6,539 words

Edwards v. U.S. Nursing(2006)

November 3, 2006

affirmed

The Commission affirmed the Administrative Law Judge's decision denying compensation in this workers' compensation case involving a nursing employee kicked in the shoulder by a patient on October 16, 2002. Although the injury was found to be compensable and arose out of employment, no permanent disability was determined, resulting in zero compensation awarded despite prior temporary disability and medical payments.

shoulder4,913 words

Saunders v. Model Cities Health Corporation(2006)

October 23, 2006

modified

The Commission modified the Administrative Law Judge's award, reducing the employee's compensation from permanent total disability to 15% permanent partial disability of the right knee ($6,526.08) due to credibility determinations regarding the evidence. The Commission reversed findings of liability for additional temporary total disability benefits, unpaid medical expenses ($49,599.60), and future medical care and treatment.

back14,175 words

Lancaster v. United Parcel Service(2006)

October 17, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Mark Lancaster for injuries sustained when he fell onto his right side while lifting a box on November 6, 2002. The Commission found no permanent disability resulted from the accident despite medical treatment totaling $6,079.14.

back10,873 words

Grothaus v. Mehlville Fire Protection District(2006)

October 17, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Robert Grothaus for a knee injury sustained on September 13, 2000. The Commission found the award was supported by competent and substantial evidence and made in accordance with the Missouri Workers' Compensation Act.

knee22,337 words

Nixon v. Pro Steel, Inc.(2006)

October 13, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to the dependents of Charles Nixon, who died following a workplace injury on April 11, 1996. The case involved a dispute over whether the deceased employee was permanently and totally disabled at the time of death, with the majority affirming the ALJ's finding while one commissioner dissented.

spinal injury2,795 words

White v. General Motors(2006)

October 13, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Eugene White for a chest injury sustained on February 26, 1988 during assembly work at General Motors. Although the injury was deemed compensable and arose out of employment, no compensation was awarded due to findings regarding the nature and extent of disability.

chest5,036 words

Wise v. Bridges Community Support Services(2006)

October 13, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Dora Wise for an injury occurring on May 15, 2001. The Commission found the ALJ's award was supported by competent and substantial evidence and in accordance with the Missouri Workers' Compensation Act.

back3,620 words

Davidson v. Mihalevich Concrete Construction(2006)

October 12, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for an employee who sustained a low back injury while directing concrete flow from a chute on June 24, 2003. The employee was awarded permanent total disability benefits of $407.40 weekly for life, with medical benefits continuing as determined.

back5,732 words

Simmons v. B.T. Office Products, Inc.(2006)

October 10, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Steven Simmons, finding that his alleged July 9, 1998 injury did not arise out of and in the course of his employment as a warehouse associate. No benefits were awarded and the claim was dismissed.

occupational disease18,790 words

Moore v. Jefferson Keller Printing(2006)

October 6, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Joseph Moore for a car accident occurring on December 23, 1999. The claim was denied because the accident did not arise out of and in the course of employment, as the employee was on the way home from a company party when the accident occurred.

4,660 words

Medina v. Schlup Investments, Inc.(2006)

October 4, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding Aaron Medina's fall on February 2, 2005, to be a compensable work injury. The employee is entitled to temporary total disability benefits at $373.35 per week, with 54 weeks of compensation awarded through February 16, 2006, and ongoing benefits to continue pending final determination.

fall3,590 words

Torres-Olivares v. Schlup Investments, Inc. / Michael Schlup / Plaza Gardens on the Lake(2006)

October 4, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that employee Hector Torres-Olivares suffered a compensable work-related injury when he fell on March 23, 2005 during the course and scope of his employment. The Commission awarded 47 weeks of past temporary total disability compensation of $17,547.45 plus ongoing weekly benefits of $373.35.

fall3,726 words

Sandoval v. Schlup Investments, Inc.; Michael Schlup; Plaza Gardens on the Lake(2006)

October 4, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that employee Apolinar Sandoval's fatal fall on March 23, 2005 was a compensable work injury arising out of and in the course of his employment. Death benefits of $17,547.45 for 47 weeks plus ongoing weekly benefits of $373.35 were awarded to the deceased employee's dependents.

fall2,673 words

Williams v. Missouri Department of Corrections(2006)

October 3, 2006

affirmed

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award granting workers' compensation benefits to Jennie Williams for an injury sustained on October 14, 1997, with several technical corrections to the award designations. The Commission approved 140 weeks of permanent partial disability benefits and temporary total disability compensation, along with medical aid and attorney's fees.

632 words

Kindel v. St. John's Regional Medical Center(2006)

September 29, 2006

modified

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award to allow future medical care as needed to cure and relieve the employee of the effects of his back injury, rather than limiting it to a specific life-care plan. The employee David Kindel was awarded permanent total disability benefits for a work-related back injury sustained on September 14, 1999, while lifting and carrying 50-70 pound boxes.

back13,515 words

Whitaker v. Midwest Foundation Corporation(2006)

September 28, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Jimmy Whitaker's thoracic spine injury sustained on July 15, 2000, while working as a laborer. The claimant was awarded permanent total disability benefits, 12% permanent partial disability relative to the thoracic spine, and temporary total disability compensation.

back45,201 words

Stockman v. Ford Motor Company(2006)

September 27, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Linda Stockman for a right knee injury sustained on October 11, 2002, when she slipped and fell down stairs at Ford Motor Company's Claycomo facility. The claimant was awarded 50 percent permanent partial disability benefits totaling $58,052.30, plus lifetime medical treatment for the right knee.

knee2,964 words

Jackson (Wells) v. Buse Industries(2006)

September 21, 2006

affirmed

The Commission affirmed the Administrative Law Judge's award of workers' compensation to Debora Jackson for a left thumb injury sustained on September 29, 2003, while typing at her workstation. The employee was awarded 4.2 weeks of permanent partial disability compensation totaling $1,457.61 plus previously paid medical aid of $3,345.98.

carpal tunnel1,763 words

Muller v. St. Louis Housing Authority(2006)

September 19, 2006

modified

The Labor and Industrial Relations Commission modified the administrative law judge's award, specifically addressing St. Louis Housing Authority's liability for past medical expenses in a workers' compensation claim filed by Joseph Muller on August 27, 1997. The Commission affirmed the underlying compensation award while resolving the disputed issue of past medical expense liability after multiple remands and a Court of Appeals dismissal.

7,100 words

Sisk v. Washington University(2006)

September 18, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Margaret Sisk for a left knee injury sustained on November 16, 1999, when she fell and twisted her knee while walking up steps at work. The claimant was awarded compensation for 25% permanent partial disability of the left knee, with medical aid and temporary disability benefits previously paid.

knee2,906 words

Mitchell v. North American Van Lines a/k/a Muscle North America(2006)

September 18, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for an employee who sustained a low back injury while lifting a moving box on March 27, 1998. The employee was deemed permanently and totally disabled, entitled to ongoing weekly compensation of $402.67 commencing November 2, 2001, plus previously incurred medical expenses of $189,095.13.

back7,434 words

Hayden v. Thi of Baltimore(2006)

September 18, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Andrew Hayden for a left pectoralis muscle tear suffered on June 29, 2004, finding the award supported by competent and substantial evidence. One dissenting commissioner argued the injury resulted in permanent partial disability to the body as a whole at 20% rather than 7% at the shoulder.

shoulder1,728 words