Filtered Decisions

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits for Beverly Carney's alleged occupational disease (bilateral carpal tunnel syndrome) arising from her employment at Wal-Mart. The denial was upheld because the claimant failed to demonstrate that her employment was the prevailing or primary factor causing the condition, and under strict statutory construction, the Missouri Workers' Compensation Law does not provide benefits for occupational diseases.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for a right wrist injury (case 03-024741) sustained on March 10, 2003, while the employee was emptying water from a parts washer. The Commission found the injury compensable and arose out of and in the course of employment, while denying a second claim (03-088603) filed for the same body part on July 22, 2003.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying compensation for injury No. 03-088603, finding that the employee's wrist injury from pulling a heavy mold did not arise out of and in the course of employment. The Commission determined the award was supported by competent and substantial evidence and was made in accordance with the Missouri Workers' Compensation Act.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Damon B. Hosick for an alleged right shoulder injury allegedly caused by continuous lifting of heavy pipes and metal parts from June 2000 to July 31, 2003. The Commission found that the injury did not arise out of and in the course of employment under Chapter 287 and was therefore not compensable.

The Commission affirmed the Administrative Law Judge's award finding that employee Greg Rufer's Wegener's granulomatosis, caused by workplace exposure to sand and silicon, was a compensable occupational disease. The award includes unpaid medical expenses of $265,133.18 and 85 weeks of temporary total disability compensation, with the case kept open for further proceedings and final award.

The Commission affirmed the administrative law judge's decision awarding no compensation in this workers' compensation case involving a steel worker's carpal tunnel syndrome claim. Although the injury was found to be compensable and arose out of employment, no benefits were awarded, with the Second Injury Fund liability remaining open.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding the employee's left shoulder injury compensable under Missouri workers' compensation law. The injury occurred on July 6, 2007, when the employee tripped and fell while going to get a lift at the nursing home; this is a temporary or partial award with final compensation to be determined later.

The Commission reversed the Administrative Law Judge's denial of benefits to the dependents of Thomas Barton, who died in an automobile accident on March 24, 2004 while attending a work-related SLAA board meeting. The ALJ had found the accident did not arise out of and in the course of employment and that intoxication barred recovery, but the Commission disagreed with this determination.

The Labor and Industrial Relations Commission affirmed the administrative law judge's temporary or partial award finding that Frances Bass sustained a compensable occupational disease injury on May 6, 2006, while moving a bucket containing mop water at Webco Manor in Webster County, Missouri. The case was kept open for further proceedings to determine a final award.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Ray Vincent for a compensable injury sustained on November 14, 2000, while lifting roofing materials. The Commission made a minor modification to clarify that the settlement hearing was held on September 9, 2004, rather than November 9, 2004.

The Commission amended its Final Award to grant permanent total disability benefits from the Second Injury Fund to the minor dependent children (Joshua Neal Strait and Mick Tyler Strait) of deceased worker Rosalyn Strait, following the Supreme Court of Missouri's reversal and remand based on Schoemehl v. Treasurer of State. Benefits of $649.32 weekly are payable beginning January 28, 2007, through the natural guardian until the claimants reach majority.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to Eleanor Boone for an alleged occupational injury on October 1, 1998. The Commission found that no accident or occupational disease arising out of and in the course of employment was established, resulting in zero compensation awarded.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Serafin Carpio for injuries sustained in an assault by a co-employee on February 23, 2005. The claimant was awarded $12,587.20 in total compensation, including unpaid medical expenses and permanent partial disability benefits representing 7.5% disability of the body as a whole.

The LIRC affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to Eleanor Boone for an alleged injury on May 1, 1997, finding that no compensable accident or occupational disease occurred. The claim was denied because the injury was determined not to have arisen out of and in the course of employment, and no benefits were awarded.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Vannessa Crumpler for a diabetic seizure suffered while working at a Wal-Mart deli counter. The court found that the injury did not arise out of and in the course of employment and was therefore not compensable under Missouri workers' compensation law.

The Commission affirmed the administrative law judge's denial of the employee's workers' compensation claim, finding that he failed to meet his burden of proof on the issues of accident and medical causation. The Commission modified the award to correct a factual error regarding witness availability but upheld the ultimate conclusion that the claim was not compensable.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying all workers' compensation benefits to Eleanor Boone for an alleged injury on September 1, 1997. The Commission found that no accident or occupational disease occurred arising out of and in the course of employment, resulting in no compensation awarded.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award in a death benefits claim for deceased employee Winfred S. Caldwell, focusing on the calculation of average weekly wage and corresponding death benefits compensation rate. The Commission found that the deceased employee's gross wages should include non-taxable per diem payments received by the driver, as these were part of total compensation for services rendered.

The LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits for a left knee injury claimed to have resulted from work accidents on April 20, 2001, and December 6, 2001. A dissenting opinion argued the employee's left knee injuries were medically causally related to the work accidents and should have been compensated.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Larry Busby for a knee injury (leg fracture) sustained on July 3, 1997 while working on a motorcycle at D. C. Cycle Ltd. The employee was awarded compensation for temporary disability, permanent partial disability at 45% of the right lower extremity, and unpaid medical expenses totaling $14,465.20.

The Commission modified the administrative law judge's award to include future medical care for the employee's hip condition, which was causally related to a work injury on February 28, 2004. The employee is entitled to ongoing medical treatment and hip replacement surgery as needed, as the necessity for future care was established through competent medical testimony.

The LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits, finding that the alleged occupational disease from repetitive motion did not arise out of or occur in the course of employment. The employee was awarded no compensation, temporary disability benefits, permanent disability benefits, or necessary medical aid.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Azim Mutapcic for a low back injury sustained on August 1, 2005, while using a pry bar to move metal at work. The claimant was awarded compensation for 25% permanent disability to the body part with no liability assessed against the Second Injury Fund.

The Commission reversed the administrative law judge's decision denying further medical treatment and past medical expenses, finding that the employee was entitled to ongoing treatment related to her July 16, 2005 work injury. The Commission determined that the employee's need for further medical care was medically causally related to the work injury and awarded past medical expenses of $527.15.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation to Judith Long for her September 22, 1997 work injury at General Motors Corporation. One dissenting member argued the decision should have been reversed and liability partially attributed to the Second Injury Fund based on pre-existing disabilities.