All Decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Tammy Stieferman for a right shoulder injury sustained when she tripped over a roll of fabric on April 21, 2014. Although the Commission found that an accident occurred during employment, no compensation was awarded in this temporary award decision.

The Commission modified the administrative law judge's award regarding Second Injury Fund liability in this workers' compensation case involving a right rotator cuff tear. The employee, age 55 at maximum medical improvement with a 10th-grade education and GED, appealed the denial of permanent total disability benefits, arguing the ALJ erred in its determination.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to George Hackler for a cervical spine injury sustained on April 10, 2009, while lifting an 85-pound box of books. The employee was awarded 30% permanent partial disability benefits totaling $24,765.19 from the Second Injury Fund.

The Labor and Industrial Relations Commission modified the administrative law judge's award of past medical expenses for a right and left shoulder work injury, reducing certain charges that lacked adequate supporting treatment records. The Commission affirmed most of the $46,164.17 award but adjusted specific charges from chiropractic and physical therapy providers based on documentation review.

The Commission modified the Administrative Law Judge's award in a workers' compensation death benefits case to include $913.00 in burial expenses that both parties agreed were owed to the surviving spouse. The decision affirmed all other aspects of the ALJ's distribution of weekly death benefits to the surviving spouse and dependent children, denial of commutation, and attorney fees.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Tina M. Worley for a low back injury sustained on July 5, 2006, while lifting and turning a paraplegic patient. The employee was found to have permanent total disability resulting from the compensable work injury.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Kabura Jack for a repetitive strain injury to his right upper extremity sustained while cutting meat at Triumph Foods. Although the injury was found to be compensable and arose out of employment, no compensation was awarded due to the finding of no permanent disability.

The Commission modified the administrative law judge's award to correct a clerical error, changing the permanent partial disability rating from 30% to 35% for the right shoulder, consistent with the parties' stipulated agreement. Employer/insurer is now liable for $34,345.16 in permanent partial disability benefits for the February 3, 2010 compensable work injury.

The Commission affirmed the administrative law judge's denial of the employee's claim for enhanced permanent partial disability benefits against the Second Injury Fund. The employee failed to demonstrate that her preexisting low back injury combined synergistically with a 2010 left shoulder injury to create greater disability, and credibility issues undermined the expert opinion regarding the extent of preexisting low back disability.

The Commission reversed the administrative law judge's award of permanent partial disability and Second Injury Fund liability, finding that the employee's claim against the Second Injury Fund was barred by the statute of limitations under § 287.430 RSMo. Following the Couch decision, the court determined that a settlement agreement cannot be considered a timely 'claim' where a prior claim for the same injury had already been filed.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits despite finding the claimant sustained a compensable bilateral shoulder injury from repetitive trauma on June 14, 2006. The case involved a dispute regarding compensation eligibility for an occupational disease with documented 22% permanent disability to each shoulder.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to James McClary for a bilateral wrist injury sustained from repetitive trauma on December 31, 2005. Although the injury was found to be compensable and work-related, no compensation was awarded in the final decision.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Robin Smith's left arm injury sustained on March 17, 2010, while employed as a commercial vehicle operator. The claimant was determined to have permanent and total disability resulting from the compensable work-related injury.

The Commission affirmed the administrative law judge's award of enhanced permanent partial disability benefits to Joseph Pentridge, finding that his primary work injury combined synergistically with preexisting conditions to result in greater disability than the sum of each condition alone. The decision was supported by the employee's expert testimony, significant income loss, and medical treatment records documenting the compounded effects of the injuries.

The Commission affirmed the administrative law judge's denial of workers' compensation benefits for a mental injury claim arising from a traumatic incident where the employee intervened during an assault on a security guard. While the Commission disagreed with the ALJ's analysis regarding the "extraordinary and unusual" requirement, it upheld the denial because the employee failed to meet the burden of proof on the underlying elements of accident and compensability under § 287.120.1 RSMo.

The Commission reversed the administrative law judge's decision denying workers' compensation for Janet Anhalt's slip-and-fall injury on the employer's client's premises. The Commission found that the injury did arise out of and in the course of employment based on the integrated working relationship between the staffing agency, client, and employee.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Robert Bell, a deputy sheriff who suffered a lumbar spine disc injury when he fell to avoid gunfire on March 6, 2010. The award includes $43,818.00 in total compensation for medical expenses, temporary disability, and 20% permanent partial disability to the low back.

The Missouri LIRC reversed the administrative law judge's decision denying permanent total disability benefits, finding that the work accident was the prevailing factor in causing the employee's medical condition and total disability. Martha Robertson, who had pre-existing low back conditions and surgeries, was found entitled to Second Injury Fund benefits based on the September 17, 2009 primary injury.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits, finding that while the employee sustained an accident when struck by a maintenance worker's cart, the claim failed on grounds related to injury causation or other statutory requirements. The employee was determined to be engaged in a work activity at the time of the collision, satisfying the 'single work shift' requirement of Missouri's workers' compensation statute.

The Administrative Law Judge's award denying workers' compensation benefits was affirmed by the Missouri LIRC. Although the injury to the claimant's right lower extremity was deemed compensable and occurred within the course and scope of employment, no permanent disability was found and therefore no compensation was awarded.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation for multiple injuries sustained by the employee in an accident, finding that the accident was the prevailing factor causing permanent partial disability to the cervical spine, lumbar spine, right shoulder, and right hip. The Commission rejected the insurer's expert opinion denying medical causation and upheld the employee's entitlement to compensation based on competent and substantial evidence.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding maximum medical improvement in a workers' compensation case involving a July 22, 2010 work-related lumbar strain injury. The Commission determined that the work accident was the prevailing factor in causing the lumbar strain and resulting permanent total disability, with the case involving Second Injury Fund liability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Eugene W. Price for an injury sustained on August 7, 2012. The Commission deferred to the administrative law judge's credibility determinations regarding the witnesses and found the award was supported by competent and substantial evidence in accordance with Missouri Workers' Compensation Law.

The Commission modified the administrative law judge's award, determining that the Second Injury Fund is liable for permanent total disability benefits based on persuasive expert medical and vocational testimony, rather than requiring physician certification of permanent total disability status. The employee, who suffered a primary right knee injury combined with a preexisting left knee condition, was found to be unable to compete in the open labor market based on documented physical restrictions and limitations.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying compensation to Timothy McDaniel from the Second Injury Fund. The employee's application for review was found deficient under procedural rules as it failed to specifically state reasons why the judge's findings were unsupported.