Filtered Decisions

The Labor and Industrial Relations Commission modified the administrative law judge's award, finding the employer and Second Injury Fund liable for permanent total disability benefits to employee Helen Baker for multiple work-related injuries sustained on February 14, 2011. The Commission adjusted the liability allocation between the employer and Second Injury Fund while maintaining the finding that employee is permanently and totally disabled.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Brenda Sadler, finding no compensable injury or occupational disease occurred. The claimant's alleged back/body injury was determined not to have arisen out of and in the course of employment, resulting in no compensation awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing permanent total disability compensation to Jeffrey Gilman for a lower back injury sustained in 2011. One commissioner dissented, arguing the award should be modified to assign liability to the Second Injury Fund based on the combination of the primary injury with the employee's preexisting pulmonary condition.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of permanent partial disability, temporary total disability, and unpaid medical expenses to employee Veneta Hill for bilateral carpal tunnel syndrome allegedly caused by her work activities. The majority found the employee's work activities were the prevailing factor in her occupational disease, though a dissenting member disagreed with the assessment of medical expert credibility and causation.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Gary Fuwell for a lumbar spine injury sustained in a fall down stairs at a Missouri Department of Corrections facility on November 21, 2013. The employee was awarded permanent total disability benefits of $377.92 per week beginning September 28, 2016.

The Commission reversed the administrative law judge's award finding the Second Injury Fund liable for permanent total disability benefits related to the employee's February 3, 2015 occupational disease claim involving progressive back injury. The Commission determined the administrative law judge erred by failing to properly apply the fifty-week standard required under § 287.220.3 RSMo to combine prior injuries with the current injury to establish Second Injury Fund liability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation to employee Aaron Jones. The Commission found the denial was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission reversed the administrative law judge's award of permanent total disability benefits from the Second Injury Fund, finding that the judge misapplied the statute by considering preexisting disabilities that did not meet the statutory requirements. The employee sustained a back injury while lifting at work in 2017 and had settled her primary claim for 20% permanent partial disability, but the Second Injury Fund challenged its liability based on the application of preexisting conditions.

The Labor and Industrial Relations Commission reversed the administrative law judge's award that found the Second Injury Fund liable for permanent total disability benefits following an employee's January 3, 2014 workplace accident involving neck and arm injury. The Commission determined the administrative law judge erred in her application of law regarding Fund liability for the occupational disease claim.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award granting workers' compensation to employee Gabina Castaneda, finding the award supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law. The decision also addressed procedural issues regarding the employer's appeal brief and the employee's motion for costs and attorney's fees.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation to employee Shelly Dale for injuries sustained in a fall. The Commission dismissed the employee's application for review as failing to meet procedural requirements under Commission rule 8 CSR 20-3.030(3)(A) for insufficient specificity in identifying the issues contested.

The Commission affirmed the administrative law judge's award allowing compensation for James Shields' permanent total disability claim resulting from his right shoulder injury on December 23, 2015. The decision upheld that the employee's permanent total disability was solely attributable to his primary work injury, making the employer/insurer liable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for David King's low back injury sustained on August 10, 2013, when he slipped and fell on grease at the hotel. The employee was awarded 120 weeks of PPD benefits plus permanent total disability benefits from the Second Injury Fund.

The Commission modified the Administrative Law Judge's award regarding Second Injury Fund liability in a workers' compensation case involving a back and left shoulder injury sustained on August 10, 2009. The decision addresses whether subsequent low back treatment was causally related to the primary injury and determines the extent of employer and Second Injury Fund liability for medical expenses and disability benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of permanent total disability benefits, holding that Missouri law requires an employee to prove permanent total disability results from a combination of a work-related injury with only one qualifying preexisting disabling condition, not multiple preexisting conditions. The Commission applied strict statutory construction to § 287.220.3, rejecting the employee's argument that all preexisting disabilities should be considered in combination with the primary injury.

The Commission affirmed the administrative law judge's award denying the employee's claim for permanent total disability compensation against the Second Injury Fund, finding that the employee's permanent total disability resulted solely from his June 28, 2015 primary injury. The decision clarified that § 287.220.3 RSMo applies to Second Injury Fund claims arising from post-2014 injuries, excluding certain preexisting disabilities from consideration.

The Labor and Industrial Relations Commission reversed the administrative law judge's award of permanent total disability benefits to the Second Injury Fund, finding that the employee's preexisting disabilities did not satisfy the fifty-week requirement under Missouri law. The employee sustained a back injury in a motor vehicle accident while working as a warehouse maintenance manager and subsequently settled his claim against the employer for 12.5% permanent partial disability.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Frank Starks' work-related injury. Starks sustained a right hip injury on August 5, 2015, when he tripped over a cord at work in Springfield, Missouri, and the injury was found to be compensable under Missouri law.

The Missouri Court of Appeals reversed the Commission's prior decision and remanded the case with instructions to reinstate the ALJ's award of temporary total disability benefits for Jeffrey Hicks. The Commission issued this final award allowing compensation in the amount of $26,999.12 for temporary total disability benefits resulting from a left shoulder injury sustained during defensive tactics training on January 2, 2014.

The Missouri Court of Appeals reversed the LIRC's prior decision and remanded the case with instructions to reinstate the administrative law judge's award of permanent total disability benefits to claimant Lisa Coffer for bilateral carpal tunnel syndrome. The Second Injury Fund was found liable for permanent total disability benefits commencing August 27, 2015, at the rate of $333.33 per week for the remainder of the employee's lifetime.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Nathan Ford, finding no compensable accident occurred. The Commission determined that Ford, as the aggressor in a physical altercation with a coworker, did not establish a workplace injury eligible for compensation.

The Missouri Court of Appeals reversed the Commission's initial denial and remanded the case, directing that the Second Injury Fund be held liable for permanent total disability benefits. The Commission issued this final award granting the employee permanent total disability benefits beginning 115 weeks after maximum medical improvement at a weekly rate of $397.28 for life.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Randy Lawrence for a right shoulder injury sustained on April 18, 2014, while picking up a thirty-pound clamp at Noranda Aluminum Inc. The injury was found to be compensable under Missouri workers' compensation law, arising out of and in the course of employment.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to employee Lettie Moore. The Commission found that even if Dr. Morrow's medical report should have been admitted into evidence, it would not establish the required 50-week permanent partial disability or synergistic effect necessary for compensation.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing permanent total disability compensation to employee Jon Roehl for an occupational disease injury. The Commission found the award was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.