Filtered Decisions

The Commission affirmed the administrative law judge's award finding that Thomas Popejoy's May 17, 2005 work injury resulted in paraplegia and permanent total disability, making the employer liable rather than the Second Injury Fund. The case addresses Second Injury Fund liability and disputes regarding future medical care coverage for the employee's work-related spinal cord injury.

The Commission affirmed the Administrative Law Judge's denial of the employee's claim for permanent partial disability benefits from the Second Injury Fund, finding that § 287.220.3(2) prohibits filing such claims for injuries occurring after January 1, 2014. The employee's primary injury occurred on January 22, 2014, placing it outside the scope of allowable Second Injury Fund claims under Missouri workers' compensation law.

The Commission affirmed the ALJ's award of workers' compensation to custodial worker Kayla Gruender for a left foot injury sustained while playing basketball during a paid break on employer premises. The court found the injury arose out of and in the course of employment under Missouri law's recreational activity exceptions, as the employee was paid during the break and a managerial staff lead participated in the activity.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent total disability benefits to employee Marc Earnest, finding his testimony credible and the disability determination supported by competent and substantial evidence. The decision upheld that Earnest sustained a work-related spinal injury resulting in permanent and total disability.

The Commission affirmed the administrative law judge's award finding the employee permanently and totally disabled due to a primary injury from November 2008 combined with preexisting disabling conditions. The Second Injury Fund's argument that the employee could compete in the open labor market was rejected, as his minimal part-time employment secured through personal connections and earning approximately $150-180 per week does not demonstrate capacity for substantial gainful employment.

The Commission affirmed the administrative law judge's award allowing workers' compensation for Joel Adams' work-related abdominal injury, including future medical care. The decision upheld the award based on competent and substantial evidence showing the employee suffers from near-constant severe abdominal pain requiring ongoing pain management medications prescribed by treating physicians.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding permanent partial disability benefits for an employee who sustained a left knee injury on September 19, 2013, requiring surgical intervention and ongoing medical treatment. The Commission found the initial determination of 22.5% permanent partial disability was too low given the employee's need for continued treatment including Orthovisc injections and eventual total knee replacement.

The Commission modified the Administrative Law Judge's award, determining that Michael Menech was the employer operating subject to Missouri Workers' Compensation Law and was liable for temporary total disability benefits of $60,332.73 from August 20, 2012 to February 8, 2016, plus permanent partial disability benefits of $23,333.10 for a 50% left eye disability. The Second Injury Fund was ordered to reimburse reasonable medical expenses totaling $51,183.42 incurred as a result of the August 20, 2012 injury.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Carmelita Estes for a neck injury sustained on January 27, 2012, while working as a housekeeper at the Missouri Veterans Home. The employee was awarded permanent partial disability benefits of 20% to the body-as-a-whole, totaling $20,960 in compensation, plus future medical treatment for the neck injury.

The Commission affirmed the administrative law judge's award finding the employee permanently and totally disabled as a result of an April 2011 slip and fall injury at the employer's cafeteria. The Commission clarified that while some disability components relate to preexisting conditions, the April 2011 injury alone is sufficient to render the employee permanently and totally disabled.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Martha Satterfield's right foot fracture sustained on December 20, 2013, while working in production. The employee was awarded permanent partial disability benefits at 16.5% of the right foot at the 150-week level, with temporary disability compensation and medical expenses previously paid.

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 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 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 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.