All Decisions

The Commission affirmed the administrative law judge's award of temporary compensation to employee Danny Sanders for a back injury sustained during a mandatory physical evaluation program required by his employer as a condition of returning to work. The Commission held that the injury arose out of and in the course of employment under the statutory test, rejecting the employer's argument that the employee was not "on the clock" at the time of injury.

The Commission modified the administrative law judge's award regarding a low back strain injury sustained by Robert G. Wright, Jr. on July 6, 2010, while employed by TG Missouri Corporation. The Commission reversed several determinations regarding medical causation, past medical expenses, future medical care, temporary total disability, and the nature and extent of permanent disability.

The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits, finding that while the employee suffered an accident when he died at work, the claimant failed to prove that work was the prevailing factor in causing his death. The medical expert's theory lacked sufficient factual foundation regarding the specific physical exertions the employee was performing at the time of his fatal cardiovascular event.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to a housekeeper injured when attacked by a German shepherd dog while opening a guest room. The claimant was awarded permanent disability benefits for left shoulder (15%), left breast (7.5%), and psychiatric injury (10%) with a weekly compensation rate of $215.00.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for an employee who injured his right knee stepping from a van onto a ramp during employment on March 1, 2003. The award includes permanent partial disability compensation and lifetime benefits from the Second Injury Fund.

The Commission affirmed the administrative law judge's award of permanent total disability benefits for Troy Schroer, who suffered a head injury after slipping and hitting his head on a manhole rim while climbing out during employment. Schroer is entitled to permanent total disability benefits of $470.13 weekly from January 21, 2010, ongoing for his lifetime, plus future medical benefits.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for an employee who fell from a ladder on February 23, 2006, sustaining injuries to his right ankle and a psychiatric condition. The award includes permanent partial disability compensation and permanent total disability benefits from the Second Injury Fund.

The Commission affirmed the administrative law judge's award allowing compensation for employee Bobby Mock's work injuries and entitlement to future medical treatment. However, the Commission clarified that the employer retains the statutory right to direct future medical treatment under Missouri law, rejecting the ALJ's finding that failure to authorize prior treatment constituted a waiver of this right.

The Commission affirmed the administrative law judge's denial of permanent total disability benefits, finding that the employee failed to establish medical causation between the work-related injury and his preexisting back and neck condition. The court rejected the employee's allegations of error, noting that his arguments were incomprehensible and based on factual misrepresentations about the medical testimony presented.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation to Stephen Barkley for a work-related injury. The Commission rejected the Second Injury Fund's evidentiary challenges 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 regarding temporary total disability benefits for an employee who sustained neck and right shoulder injuries in an October 4, 2002 workplace accident. The employee was found to have permanent total disability coupled with depressive symptoms and is entitled to future medical care, with the Commission supplementing the analysis on medical causation standards.

The Commission affirmed the administrative law judge's award of permanent partial disability benefits to Earl Resinger for work-related tinnitus caused by noisy work conditions. The court upheld the sufficiency of a PhD audiologist's testimony to establish medical causation, finding it satisfied the employee's burden of proof despite employer arguments to the contrary.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of permanent partial or permanent total disability benefits from the Second Injury Fund, finding that the employee failed to meet his burden of proof regarding medical causation despite the Fund's stipulation of an on-the-job injury. The decision clarifies that while the Fund admitted an accident occurred on December 18, 2007 arising out of employment, the employee was required to establish that the accident was the prevailing factor in causing both the resulting medical condition and disability.

The Commission reversed the Administrative Law Judge's decision denying Second Injury Fund liability for an employee who sustained a compensable repetitive trauma injury to her shoulders and neck on November 1, 2010, while working as a chicken processor. The reversal addressed whether the employee's pre-existing wrist and finger injuries qualified her for Second Injury Fund benefits under Missouri workers' compensation law.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Makeyta Jones for a work-related injury to her shoulders, neck, and low back sustained on September 1, 2011, while assisting a resident at HCR Manor Care. The claimant was awarded 10 weeks of permanent partial disability compensation totaling $1,710.60, representing 2.5% permanent disability of the body as a whole.

The Commission affirmed the administrative law judge's award of compensation for an occupational disease claimed by the deceased employee's widow, rejecting the employer's argument that the employee failed to show unequal exposure to pathogens compared to the general public. The Court held that the statutory criteria for occupational disease compensability under § 287.067 RSMo do not require the "unequal exposure" standard applicable to injury-by-accident claims, as the legislature removed such language in a 2005 amendment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying compensation in this workers' compensation case involving a right wrist injury sustained by Carolyn Griffin on March 9, 1995. The Second Injury Fund was found not liable for disability benefits, and the employer had previously settled the claim for 70% permanent partial disability.

The Commission affirmed the administrative law judge's findings of a work-related injury to the left shoulder and cervical and lumbar spine, but reversed the finding that the employee was not permanently and totally disabled, determining the Second Injury Fund is liable for permanent total disability benefits. The parties settled all issues between the employer/insurer and employee on October 9, 2015, leaving only the Second Injury Fund liability question for Commission determination.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for an employee who developed bilateral carpal tunnel syndrome from repetitive typing duties. The Commission found that the employee's occupational exposure to repetitive flexor tendon movements from typing was the prevailing factor causing her left carpal tunnel syndrome and permanent partial disability.

The Missouri Court of Appeals reversed the Commission's prior award, and on remand, the Commission awarded Ronald A. Lawrence II permanent total disability benefits from the Second Injury Fund beginning July 14, 2006. Benefits are payable at a differential rate of $321.85 weekly for 50 weeks, then $675.90 weekly for life, subject to a 25% attorney lien.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Gregory Miller's injury sustained on October 31, 2002, when a chain released while loading cargo vans, causing him to fall on his right shoulder and back. The claimant was awarded permanent disability compensation of 25% for the right shoulder and 19.5% for the low back, with ongoing benefits paid by the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits for Scott Noblin's claimed work injury from lifting shingles on July 17, 2009. The Commission found the employee's medical expert failed to adequately distinguish between preexisting severe low back pain and injuries allegedly caused by the work accident, and failed to rule out an intervening injurious event in October 2009.

The Commission affirmed the administrative law judge's award of workers' compensation to employee Lisa Cook for right carpal tunnel syndrome caused by repetitive typing duties as a data entry worker. The decision found that the employee's occupational exposure to repetitive hand and finger movements was the prevailing factor in causing the carpal tunnel syndrome and resulting permanent partial disability.

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits, finding that although the employee sustained a work-related fall down stairs, no compensable injury resulted from the incident. The claim was denied in full with no compensation awarded for temporary or permanent disability.

Following a reversal by the Missouri Court of Appeals, the Labor and Industrial Relations Commission dismissed the employee's workers' compensation claim as barred by res judicata. The Commission set aside its prior August 22, 2014 award and decision pursuant to the court's mandate.