Filtered Decisions

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Elaine Hilgar Milson's right shoulder injury sustained on January 29, 2007, when she pushed open a school bus door. The claimant was awarded 30% permanent partial disability against the employer and permanent total disability benefits from the Second Injury Fund payable for her lifetime at $267.94 weekly.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for employee Vergie Wood. The Commission found the award was supported by competent and substantial evidence and complied with Missouri Workers' Compensation Law.

The LIRC affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Barton White for a left knee injury sustained on September 15, 2006. The Second Injury Fund was held liable for 14.4 weeks of compensation totaling $2,783.95.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for an iron worker's lower back injury and psychiatric condition sustained on April 1, 2003. The claimant was awarded permanent partial disability for the back injury (26% of body as whole) and psychiatric condition (20% PPD), with permanent total disability benefits from the Second Injury Fund beginning January 1, 2004.

The Commission reversed the Administrative Law Judge's award granting Robert Taylor temporary total disability benefits and 5% permanent partial disability for a right ankle injury claimed to have occurred on October 30-31, 2002 at QuikTrip. The Commission found that Taylor failed to prove he sustained a compensable injury and did not provide proper written notice as required by statute.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Orville Caupp for a low back injury sustained on October 21, 2004, while lifting and moving boxes at American Airlines. The employee was awarded 20% permanent partial disability with 16 weeks of compensation payable from the Second Injury Fund totaling $5,664.80.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Robert Taylor for a right ankle injury sustained on October 13, 2003, while employed at QuikTrip. The employee was awarded permanent partial disability benefits of 15 percent to the right lower extremity and 5 percent to the body as a whole, resulting from cumulative trauma caused by standing and constant turning and twisting movements required during work shifts.

The Commission reversed the Administrative Law Judge's denial of Second Injury Fund liability, finding that the employee's permanent total disability resulted from the combined effect of a pre-existing back injury from a Vietnam landmine accident and a work-related injury sustained on October 25, 2005. The case involved determining whether the work injury, combined with pre-existing disabilities including a prior finger amputation and bilateral hand arthritis, created a greater degree of permanent disability warranting Second Injury Fund compensation.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Tamara Hill for a left knee injury sustained on February 7, 2005, when she tripped and jerked her knee as an elevator malfunctioned at her workplace. The claimant was awarded 16 weeks of permanent partial disability compensation totaling $5,664.80 for 10% permanent disability of the left knee.

The Missouri LIRC reversed the administrative law judge's award that found the employee sustained a compensable right ankle injury on September 30, 2002, while working as an extra relief person at QuikTrip. The Commission determined that the employee failed to prove he sustained a compensable injury and did not provide proper written notice as required by statute.

The Commission affirmed the administrative law judge's award of permanent partial disability benefits to employee Mark Tombaugh for a work-related neck injury sustained on August 25, 2006, that resulted in a two-level cervical fusion. A dissenting opinion argued for permanent total disability benefits based on the employee's cardiac condition discovered during pre-hospitalization for the neck surgery, combined with preexisting disabilities that triggered Second Injury Fund liability.

The Commission reversed the administrative law judge's temporary award and denied compensation, finding that the employee failed to establish he sustained a work accident on September 30, 2006, due to inconsistent and non-credible testimony. The employee's account of a portable toilet falling and pinning him was contradicted by all other witnesses and prior deposition testimony.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award finding Timothy C. Rader was an employee of Werner Enterprises entitled to workers' compensation benefits for a May 29, 2003 injury. The Commission rejected Werner's arguments that the award was erroneous or against the weight of evidence, upholding the determination of permanent total disability and entitlement to future medical benefits.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to John Sperino for a lumbar spine injury sustained on August 3, 2000, when a metal door fell on him while he was assisting a coworker. The employee received temporary total disability benefits, permanent partial disability benefits of 50% of the body as a whole, and permanent total disability benefits from the Second Injury Fund.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Robert Overstreet for a back injury sustained on December 21, 1998, while loading beverages at Krey Distributing Co. The claimant was awarded 35% permanent partial disability benefits totaling $52,336.36, with liability shared between the employer's insurer and the Second Injury Fund.

The Commission modified the administrative law judge's award, affirming that the employee is permanently and totally disabled due to a combination of his work injury and preexisting conditions, but disagreeing with the timing of when Second Injury Fund benefits should commence. The Commission addressed the proper legal framework for determining when temporary total disability ends and permanent total disability benefits should begin, focusing on the concept of maximum medical improvement.

The Commission affirmed the Administrative Law Judge's award of workers' compensation to Helena D. Deschenes for a left hand injury sustained on October 24, 2007, when a frosting can smashed her hand while she was moving items on a conveyor belt. The employee was awarded $7,043.82 in compensation for permanent partial disability (amputation at distal joint of ring finger) and disfigurement, plus reasonable and necessary medical aid for ongoing treatment including prosthesis and replacements.

The Commission affirmed the Administrative Law Judge's award finding that Jeffrey Ross was rendered permanently and totally disabled by his April 17, 2000 work injury alone. Medical restrictions including the need to elevate his leg and avoid trauma to his left lower extremity, combined with vocational expert testimony, established that Ross could not compete in the open labor market.

The Missouri Court of Appeals reversed the Commission's award of disability benefits and medical expenses, ruling that the employee was a domestic servant excluded from workers' compensation coverage. The Commission affirmed the Administrative Law Judge's decision finding the employee ineligible for workers' compensation because she was employed as a household caregiver in a private home.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Charles D. Pate's back injury sustained on December 18, 2003, while setting a residential meter. The employee was awarded 40% permanent partial disability with a weekly compensation rate of $556.02 for temporary and permanent total disability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of temporary total disability benefits for Charles C. Miller's work-related back and left leg injury sustained on May 4, 2009, from repetitive lifting, pulling, and carrying of building materials. The employee is entitled to weekly compensation of $772.53 for temporary total disability and authorized medical treatment, with proceedings remaining open for a final award.

The Commission reversed the administrative law judge's decision and allowed compensation for a back injury sustained on November 16, 2007, while the employee was carrying painting equipment. The decision addressed Second Injury Fund liability in light of the employee's pre-existing disabilities including right knee damage, hearing loss, and pulmonary issues.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits in the case of Kathy Siebert against Miss Elaine, Inc. The decision found that the ALJ's award was supported by competent and substantial evidence and complied with Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Kathleen Elmore for repetitive trauma injury from computer keyboard data entry work. The Second Injury Fund was found liable for 40 weeks of compensation totaling $13,882.00.