Filtered Decisions

The Commission affirmed the Administrative Law Judge's award of permanent total disability compensation, finding the employee's November 1, 2016 back injury combined with qualifying preexisting disabilities met statutory requirements for Second Injury Fund liability. The employee's preexisting lower left extremity and thoracic disabilities, each exceeding fifty weeks of permanent partial disability, directly aggravated and accelerated the primary work-related back injury resulting in permanent total disability.

The Labor and Industrial Relations Commission issued a final award denying compensation for Jonathan Parker's Second Injury Fund claim following remand from the Missouri Supreme Court. The Court clarified that to qualify for SIF benefits, an employee must have a medically documented qualifying preexisting disability of at least 50 weeks PPD and sustain a subsequent compensable work injury that combines with qualifying disabilities to result in permanent total disability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation to Robert Schebaum. The decision addresses Second Injury Fund eligibility requirements under Missouri law, determining that the employee did not meet the statutory conditions necessary for compensation.

The Missouri Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Kenneth Stratton for a compensable injury occurring on October 16, 2015. One commissioner dissented, arguing the employee should have been found permanently and totally disabled based on vocational expert testimony and medical restrictions limiting him to sedentary work.

The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for a police officer's death allegedly caused by an occupational disease arising from job-related stress. The majority found no compensable occupational disease, though one dissenting commissioner argued the case fell under Missouri's special provision for police officer stress-related claims.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Steven Scott Oakley for injuries sustained when a loading dock door fell on him on November 17, 2010. The employee received compensation for temporary total disability, necessary medical care, and permanent partial disability benefits affecting his thoracic spine, low back, and head.

The Commission reversed the ALJ's award granting workers' compensation benefits to a certified nursing assistant who injured her left knee while backing out of a narrow space between a bed and wall at a nursing home on March 5, 2015. The ALJ had found the injury work-related and awarded medical expenses, temporary total disability, mileage reimbursement, and permanent partial disability benefits, but the Commission determined this award was erroneous.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Donald Nash for an alleged burn to his left foot and big toe that occurred on November 23, 2015. The decision found that the alleged injury did not arise out of and in the course of employment, making it non-compensable under Missouri workers' compensation law.

The Commission modified the administrative law judge's award regarding Daniel Tucker, Jr.'s April 9, 2001 workplace injury, finding the primary injury was the substantial cause of his hernia and determining liability for past medical expenses, temporary total disability, and future medical care. The Commission addressed discrepancies in the temporary total disability calculation and resolved disputes between the employer/insurer and the Second Injury Fund regarding liability for the employee's permanent and total disability benefits.

The Commission affirmed the Administrative Law Judge's decision denying compensation for an occupational disease claim filed by David M. Shields. The decision found no compensable disability from the May 3, 2013 primary occupational disease claim, though one dissenting opinion argued the Second Injury Fund should be liable for permanent total disability benefits based on the combined effect of the occupational disease with pre-existing hearing loss, tinnitus, and sleep apnea.

The LIRC affirmed the administrative law judge's award in a medical fee dispute where Timberlake Surgery Center sought additional reimbursement for authorized left shoulder rotator cuff surgery performed on employee James Noel. The court found the HCP's charges fair and reasonable, and entitled to payment, while denying pre-judgment interest and attorney's fees.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Jamie E. Overstreet for a knee injury sustained on February 12, 2018. A dissenting opinion argued the injury arose out of employment and that the employee was entitled to temporary total disability, permanent partial disability, and future medical benefits.

The Commission reversed the administrative law judge's award finding that an employee suffered a work-related right shoulder injury on April 27, 2018, when she struck her shoulder on a metal dye plate. The Commission determined that the employee was not entitled to workers' compensation benefits or additional medical care for the alleged injury.

The Commission affirmed the Administrative Law Judge's final award denying workers' compensation benefits to Melissa Sulier, a nurse who alleged a right elbow injury when assisting a patient. Although the injury arose out of and in the course of employment, the claim was found not to be compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation to Kevin G. Young for carpal tunnel injuries, finding the award supported by competent and substantial evidence. The Commission upheld the ALJ's evidentiary rulings excluding certain statements that were not provided to the employee's attorney within the statutory thirty-day period required by Missouri law.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Gerald Wedel for injuries sustained on April 5, 2018, finding that the injury did not arise out of and in the course of employment. No compensation was awarded in this case.

The Commission affirmed the Administrative Law Judge's denial of the employee's Second Injury Fund claim for permanent total disability. The employee's claim failed to meet the statutory requirements under § 287.220.3, as the preexisting disability and subsequent work-related injury did not satisfy the conditions for Second Injury Fund compensation.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Christopher Walters for an occupational disease with a date of maximum medical improvement on March 27, 2015. The employee was awarded permanent partial disability payments beginning March 28, 2015, and later became permanently and totally disabled on October 1, 2017.

The Missouri Court of Appeals reversed the Commission's initial denial and remanded for a final award determining the employee (hairdresser) developed malignant mesothelioma from occupational exposure to asbestos-containing hairdryers, with last exposure occurring around 1982 while employed by Papillion, Ltd. The Commission issued this final award allowing compensation and directing determination of remaining issues including medical bills, enhanced benefits, and attorney's fees.

The Missouri LIRC affirmed the administrative law judge's award of workers' compensation benefits to William Rector for a compensable injury sustained on August 14, 2015, finding the ALJ's decision supported by competent and substantial evidence. A dissenting opinion argued the employee should have been found permanently and totally disabled rather than 30% permanently partially disabled when considering pre-existing conditions in combination with the primary injury.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Kevin Willems. The decision found the award was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law, though a dissenting opinion argued the employee was not permanently and totally disabled.

The LIRC modified the administrative law judge's award, allowing compensation for temporary total disability underpayment of $306.00 based on corrected weekly compensation rate of $204.00. The employee was determined to be 20% permanently partially disabled (10% cervical/thoracic spine, 10% lumbar spine) from an August 15, 2012 injury, with maximum medical improvement reached on September 10, 2012.

The LIRC affirmed the administrative law judge's decision denying workers' compensation to employee Mark A. Hundley, finding that while a traumatic accident occurred, he failed to establish that the accident was the prevailing factor causing his medical condition. The concurring opinion acknowledged credible evidence of a traumatic event but concluded that the employee's treating physician could not clearly establish causation between the accident and the alleged traumatic brain injury.

The Missouri LIRC affirmed the administrative law judge's denial of workers' compensation benefits for Keavin Edwards' January 30, 2017 left shoulder injury, finding that the incident aggravated a preexisting condition rather than creating a new compensable injury. The Commission found Edwards' testimony not credible regarding the absence of shoulder problems between his 2008 surgery and the 2017 incident, and adopted medical opinions attributing his 35% permanent partial disability to preexisting degeneration and degenerative arthritis rather than the work incident.

The Commission affirmed the administrative law judge's award that the health care provider's application for payment of additional reimbursement of medical fees was not timely filed under § 287.140.4, RSMo. The court rejected the provider's argument that the statute version effective on the date of injury should apply, holding that medical fee disputes are governed by the statute version effective on the date services were provided, not the date of the original workers' compensation injury.