All Decisions

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Ottavio Tarpeo for bilateral knee injuries sustained through repetitive stair climbing during his 35+ years of employment as a pressman. The employee was awarded compensation for temporary total disability and permanent partial disability with a multiplicity load factor.

The Labor and Industrial Relations Commission modified the administrative law judge's award, affirming permanent total disability benefits for Richard L. Hertzing from a work-related back and right leg injury but adjusting the commencement date to align with maximum medical improvement rather than the date of job separation. The Commission adopted the findings regarding medical causation and causation, finding the employee's injuries to be work-related and resulting in permanent total disability.

The Commission affirmed the administrative law judge's award of workers' compensation to Paula Eberhard for injuries sustained when a toilet paper dispenser fell on her left shoulder and face while using a McDonald's restroom during her employment as a travelling surveillance employee. The Commission determined the injury arose out of and in the course of employment because the use of public restrooms was necessitated by her job duties and exposed her to risks greater than those in normal nonemployment life.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to employee Abby Couch for an occupational disease claim against the Second Injury Fund. The Commission upheld that the claim was not barred by the statute of limitations under Missouri law.

The Commission affirmed the administrative law judge's award of permanent total disability benefits to Nancy McDonald for a left shoulder rotator cuff tear sustained in a May 22, 2007 fall, rejecting the employer's argument that a subsequent June 2007 lifting event should shift liability to the Second Injury Fund. The court found that the June lifting event aggravated the preexisting weakened condition from the initial fall rather than causing a new independent injury.

The Commission affirmed the administrative law judge's denial of compensation, finding that the employee's left shoulder rotator cuff tear resulted from a May 2007 fall rather than a June 2007 lifting event, and that the lifting event at most caused an aggravation of the preexisting condition. The employee was found to be permanently and totally disabled from the May 2007 injury, with psychological factors contributing significantly to the disability determination.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to employee Abby Couch for an injury or occupational disease occurring on June 22, 2011. The Commission rejected the Second Injury Fund's statute of limitations argument, finding that prior case law established that timely filed claims are not barred regardless of when the injury occurred.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to employee Rifet Obic who was injured when a wind gust knocked him down while crossing a public street on his way to work from a lunch break. The Commission concluded that the injury did not arise out of and in the course of employment because exposure to wind gusts is an unrelated hazard to which workers would be equally exposed in normal nonemployment life.

The Commission affirmed the administrative law judge's award denying compensation to employee James Cotter for injuries sustained while descending steps on his way home from work. The decision clarifies that under Missouri workers' compensation law, an employee need not be 'on the clock' to sustain a compensable accident, and that the 2005 amendments did not eliminate all compensability for injuries occurring while going to and coming from work.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation to employee David King. The Commission held that the employer was deemed to have admitted the employee's average weekly wage as stated in his claim for compensation filed with the Division, and rejected the employer's argument that the claim was ineffectively filed.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying the employee's workers' compensation claim as barred by the statute of limitations under § 287.430 RSMo. The court determined that the two-year claim-filing period applied rather than the three-year period, as the employer was not required to file an injury report under § 287.380 since it had no office or place of business in Missouri.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for an employee injured when he fell backwards and struck his left shoulder on a tractor trailer while unloading cargo in Atlanta, Georgia on December 16, 2008. The injury was found to be compensable under Missouri law with temporary disability and medical benefits awarded.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to employee Ricky Aufdenberg for a left shoulder injury sustained on December 16, 2008, while unloading a tractor trailer truck in Atlanta, Georgia. The injury was deemed compensable under Missouri law, and benefits for temporary disability and medical expenses were approved.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding Second Injury Fund liability in this workers' compensation case. The Commission addressed evidentiary issues and recalculated the Second Injury Fund's liability for permanent partial disability benefits related to a May 5, 2010 accident.

The Commission affirmed the administrative law judge's award, finding that the employee provided timely notice of her occupational disease claim involving lower extremity injury from repetitive standing and walking duties. The court rejected the employer's argument that the claim lacked effective notice of injury time, concluding the employee's claim for compensation filed before the triggering medical opinion constituted proper notice under § 287.420.

The Missouri LIRC modified the administrative law judge's award, finding the Second Injury Fund liable for permanent total disability benefits rather than just permanent partial disability. The Commission determined that the employee, with an IQ of 63, a fourth-grade education, and a learning disability combined with a work injury from May 1, 2006, meets the criteria for permanent total disability despite the ALJ's reliance on the employee's brief employment history.

The Commission reversed the Administrative Law Judge's award, finding that the employee sustained greater disability from a motor vehicle accident on September 27, 2007, while working as a traffic police officer. The employee, who had preexisting injuries to his left shoulder and cervical spine from an August 21, 2006 motorcycle accident, suffered additional thoracic and cervical strains when struck from behind by an SUV while performing traffic control duties.

The Commission modified the administrative law judge's award by rejecting the finding of permanent total disability from the August 2006 work injury, finding insufficient medical and vocational evidence supported such a determination. The Commission affirmed other findings regarding the work-related nature of the neck and shoulder injuries, entitlement to past medical expenses of $7,805.43, and need for future medical treatment.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Judith Moore for a neck injury (2.5% permanent partial disability) sustained in a motor vehicle accident on the employer's parking lot on September 6, 2003. The employee was awarded $7,988.76 in total compensation, including unpaid medical expenses of $5,333.26 and 10 weeks of permanent partial disability benefits.

The Commission affirmed the Administrative Law Judge's denial of compensation for an employee's claimed hernia injury allegedly sustained on September 17, 2010 from repeated heavy lifting. The employee failed to prove the hernia did not exist prior to the alleged accident date, as medical evidence indicated the condition likely developed in late 2009 and did not satisfy the statutory requirements under § 287.195(2).

The Commission affirmed the administrative law judge's award of workers' compensation benefits to John Kolar, Jr. for a fractured right lower extremity sustained while performing a pre-trip inspection of a school bus on October 26, 2009. The award includes temporary disability compensation, permanent partial disability payments from both the employer and the Second Injury Fund, totaling $45,210.28 plus medical expenses already paid.

The Missouri LIRC reversed the administrative law judge's award granting workers' compensation benefits, finding that the employee was hired in Kansas rather than Missouri, thus lacking proper jurisdiction under § 287.110 RSMo. The Commission determined that the conditional job offer was accepted in Missouri, but employment was not actually established until after the employee completed a physical and drug test in Kansas, where all work duties were performed.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Kimberly Warren for bilateral carpal tunnel syndrome caused by repetitive and forceful work activities. The employee was awarded permanent partial disability benefits, medical expenses, and temporary disability compensation totaling approximately $23,271.

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to the dependent son of Michael C. Agnew, who died from injuries sustained in a 25-foot fall from a roof on March 26, 1999. The dependent is entitled to weekly compensation of $562.67 for the lifetime of the deceased employee's dependent son, with a credit for overpayment.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Randy Smith for an alleged occupational disease of the cervical spine and right shoulder caused by overhead lifting and neck turning. No compensation was awarded, and the claim against the Second Injury Fund was denied in full.