OTT LAW

All Decisions

2,619 decisions in the archive

Anderson v. City of Columbia(2016)

September 14, 2016#10-026623

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits for Darrell Anderson's work-related right shoulder injury sustained on April 8, 2010, while removing a transmission from a truck. The employee was awarded 25% permanent partial disability benefits totaling $6,936.71 through the Second Injury Fund.

shoulder2,545 words

Davis v. Enerfab, Inc.(2016)

September 14, 2016

affirmed

The Missouri LIRC affirmed the administrative law judge's award allowing compensation and future medical treatment for Billy Davis's work injury from November 26, 2011. The Commission found that future medical care is appropriate because the claimant need only prove that treatment flows from the work injury, and there is a reasonable probability of future medical needs based on the employee's increased medication use and medical expert recommendations for additional procedures.

back6,667 words

Fonville v. Fulton State Hospital(2016)

September 14, 2016#10-060072

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation benefits to James Fonville for injuries sustained on July 30, 2010 while restraining unruly clients at Fulton State Hospital. The employee was awarded permanent total disability benefits of $366.60 per week for life, along with medical benefits and reimbursements for related expenses.

shoulder and neck9,991 words

Garrett v. Hannibal Board of Public Works(2016)

September 13, 2016

modified

The Labor and Industrial Relations Commission modified the administrative law judge's award, finding that the employee sustained a compensable back injury on September 1, 2011, and is entitled to temporary total disability benefits and future medical care, but is not permanently and totally disabled from that injury alone. The Commission determined that any permanent total disability results from a combination of the September 2011 injury with preexisting conditions, affecting Second Injury Fund liability.

back6,374 words

Carroll v. Gardner Denver, Inc.(2016)

September 9, 2016#12-106262

reversed

The Missouri LIRC reversed the administrative law judge's decision denying the employee's claim against the Second Injury Fund for permanent partial disability benefits. The Commission found that disability ratings from prior settlement stipulations are not conclusive against the Second Injury Fund, and that the employee's preexisting left hand disability met the applicable threshold for coverage.

hand/finger4,797 words

Randazzo v. Maxim Health Care Services(2016)

August 26, 2016#09-089438

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation to employee Judith Randazzo for a work injury. The Commission supplemented the award to clarify that future medical treatment is not limited to medications only, but includes all treatments reasonably required to cure and relieve the effects of the work injury.

4,038 words

Brumble v. Missouri Department of Corrections(2016)

August 17, 2016#12-101047

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of permanent and total disability benefits to employee Adam Brumble for a compensable low back injury sustained on December 6, 2012, while employed by the Missouri Department of Corrections. The award includes past temporary disability compensation, medical treatment costs, and future medical care with benefits beginning November 12, 2013.

back4,958 words

Payton v. Maryville RII School District(2016)

August 17, 2016#14-019253

affirmed

The Commission affirmed the administrative law judge's award allowing workers' compensation for Daniel Payton's left shoulder injury sustained on March 10, 2014, while lifting a soccer goal at his school district employer. The employee was determined to have permanent total disability resulting from the injury, with the insurer liable for unpaid medical expenses and ongoing compensation.

shoulder29,087 words

Amato v. Shade Tree Service Company(2016)

August 8, 2016#15-052691

Alex Amato was awarded temporary partial disability benefits of $17,587.53 for 27 weeks following a right shoulder injury sustained on July 6, 2015 while pruning a tree limb for Shade Tree Service Company. The award is temporary and subject to modification pending a final determination, with ongoing medical treatment and disability compensation to be provided.

shoulder2,436 words

Ogden v. ConAgra Foods, Inc.(2016)

August 5, 2016#01-041053

reversed

The Commission reversed the administrative law judge's decision and awarded permanent total disability benefits to the surviving spouse of a deceased employee who suffered catastrophic work injuries in a 2001 tractor-trailer accident. The reversal hinged on the proper application of the Schoemehl decision regarding eligibility for permanent total disability benefits and the timing requirements for formal claims.

catastrophic work injury7,784 words

Lane v. Costco Wholesale Corporation(2016)

August 5, 2016#05-081844

modified

The Missouri LIRC modified the administrative law judge's award regarding past medical expenses for an employee injured on August 11, 2005, finding that certain medical charges were not adequately supported by corresponding treatment records. The Commission affirmed the employee's permanent total disability status and liability for temporary total disability and future medical care, but reduced the past medical expenses award due to unsupported charges.

cervical spine12,070 words

Gattenby v. Stanger Industries(2016)

August 5, 2016#14-019986

affirmed

The Commission affirmed the Administrative Law Judge's award allowing permanent total disability compensation to employee Richard Gattenby, finding the Second Injury Fund liable for benefits. The decision addressed whether Gattenby's preexisting disability from a 1977 work-related motorcycle accident constituted a hindrance and obstacle to his employment in the plumbing trade.

occupational disease13,865 words

Wood v. Gann Asphalt, Inc.(2016)

August 2, 2016#05-096794

affirmed

The Commission affirmed the administrative law judge's denial of workers' compensation benefits for Phillip Wood's wrist fracture sustained while washing his motorcycle in the employer's parking lot on company time. The Commission found the employee failed to meet the statutory requirements that the accident be the prevailing factor in causing the injury and that it not arise from a hazard equally exposed to workers in normal nonemployment life.

wrist fracture7,910 words

Maddaloni-Boughton v. Skaggs Community Hospital Association(2016)

July 27, 2016#13-085010

modified

The Labor and Industrial Relations Commission modified the administrative law judge's award in this workers' compensation case involving Maria Maddaloni-Boughton's work-related spine injury from November 2, 2013. The Commission addressed issues regarding future medical care, permanent partial disability assessment, and Second Injury Fund liability for enhanced benefits.

back7,343 words

Kelting v. D & D Distributors, LLLP(2016)

July 27, 2016#05-117507

modified

The Commission modified the Administrative Law Judge's award, clarifying that permanent total disability benefits from the Second Injury Fund do not require a showing of synergistic interaction between the primary injury and preexisting conditions, only that they together result in permanent total disability. The case addresses the distinction between permanent partial and permanent total disability analyses under Missouri's Second Injury Fund statute.

7,781 words

Hunt v. Hendrick Automotive Group/Superior Buick Cadillac(2016)

July 13, 2016#11-014882

affirmed

The Missouri LIRC affirmed the Administrative Law Judge's award of permanent total disability benefits to Scott B. Hunt for injuries sustained on February 19, 2011, when he tripped and fell against a wall while walking on the employer's premises. The employee was awarded weekly compensation at $596.49 from August 18, 2013 for the remainder of his life, with medical expenses and temporary disability compensation previously paid totaling over $173,000.

knee9,935 words

Watt v. Houghton Mifflin Harcourt Publishing Company(2016)

July 11, 2016#10-085912

dismissed

The Labor and Industrial Relations Commission denied the employer/insurer's motion to dismiss the health care provider's application for review, finding the application satisfied the specificity requirements of 8 CSR 20-3.030(3)(A). The underlying medical fee dispute involved a claim for additional reimbursement related to the employee's compensable occupational disease (lateral epicondylitis) of the left elbow sustained on September 29, 2010.

occupational disease4,669 words

Bolden v. Parkway C-2 School District(2016)

July 8, 2016#13-103315

affirmed

The LIRC affirmed the administrative law judge's award of workers' compensation benefits to Deborah Bolden for a left shoulder injury sustained on September 5, 2013, while assisting a disabled student at her school. The case involved settlement with the employer and insurer, with the Second Injury Fund determined liable for permanent total disability benefits.

shoulder2,559 words

Rathgeber v. Phelps County Regional Medical Center(2016)

July 8, 2016#12-003925

affirmed

The Commission affirmed the administrative law judge's award on a medical fee dispute regarding payment for hardware removal surgery on the employee's right fibula performed on August 8, 2013. St. Louis Spine and Orthopedic Surgery Center sought an additional reimbursement of $5,571.98 for the authorized medical services, which the Commission found was supported by competent and substantial evidence and compliant with Missouri Workers' Compensation Law.

orthopedic1,607 words

Francis v. School District of Kansas City, Missouri(2016)

July 7, 2016#08-064252

modified

The Commission modified the administrative law judge's award regarding medical causation, nature and extent of disability, and future medical benefits for an employee who suffered a right knee injury on July 3, 2008. The case involved determining whether the workplace accident was the prevailing factor in causing the employee's knee condition and related disability.

knee6,155 words

Dabney v. Mediq Life Support Services(2016)

July 6, 2016#03-148257

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying compensation to employee JoAnn Dabney for a workers' compensation claim. The Commission found that the employee failed to prove she suffered a compensable injury under Missouri law and vacated an improper order of dismissal, instead denying the claim on the merits.

2,290 words

Dabney v. Mediq Life Support Services(2016)

July 6, 2016#03-148258

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to JoAnn Dabney, finding she failed to prove a compensable injury or occupational disease under Missouri law. The Commission also vacated an improper dismissal order and instead denied the claim on the merits, determining the employee did not suffer a subsequent compensable injury for Second Injury Fund purposes.

2,301 words

Bain v. Apria Healthcare Group, Inc.(2016)

July 6, 2016#15-030879

reversed

The Labor and Industrial Relations Commission reversed the administrative law judge's denial of workers' compensation benefits, finding that the employee, a driver technician for a durable medical equipment company, suffered an injury arising out of and within the course of employment. The Commission determined that the employee's accident occurred while performing work duties during an on-call week when he was required to keep the employer's van and remain available for emergency calls.

occupational injury7,345 words

Hedrick v. Big O Tires(2016)

June 21, 2016#11-058168

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Bryan Hedrick, finding that he failed to meet his burden of proof that his injuries arose out of and in the course of employment under Missouri law. The Commission determined that the employee did not establish that the accident was the prevailing factor in causing the injury and that the injury did not stem from a hazard or risk unique to his employment.

4,960 words

Stieferman v. Optima Graphics, LTD(2016)

June 21, 2016#14-025821

affirmed

The Commission affirmed the Administrative Law Judge's award allowing temporary compensation to employee Tammy Stieferman for a right shoulder injury sustained when she tripped over a roll of fabric on April 7, 2014. The proceedings remain open pending a final award determination.

shoulder4,111 words