All Decisions

The Commission affirmed the administrative law judge's award of 15% permanent partial disability for the employee's right shoulder injury and rejected the employee's request to submit additional evidence on appeal. The decision upheld findings that the employee failed to prove future medical treatment would be necessary and deemed the Second Injury Fund liability issue abandoned.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Edward Noland, a firefighter struck in the head by a tree branch while fighting a fire on December 31, 2011. The decision awarded permanent total disability benefits for the claimant's lifetime, along with unpaid medical expenses of $11,735 for a modified van.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits for employee Marilyn Anderson's claimed right shoulder injury. The ALJ found that the alleged injury did not arise out of and in the course of employment, making it non-compensable under Missouri law.

The Labor and Industrial Relations Commission reversed the administrative law judge's denial of workers' compensation benefits, finding that employee Gwendolyn Beem sustained a compensable injury by accident when she slipped on ice in the parking lot of her workplace on February 1, 2010. The Commission determined that the employer had a leasehold interest in the parking lot where the accident occurred, establishing that the injury arose out of and in the course of employment.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Daniel Mroz for a lower back injury sustained on October 7, 2009, while helping lift a 100-pound drain snake onto a roof. The employee was awarded permanent partial disability benefits of 15% and permanent total disability benefits payable for his lifetime.

The Commission modified the administrative law judge's award, affirming that the employee's right arm symptoms resulted from a motor vehicle accident and that he is permanently and totally disabled, while addressing disputes regarding statutory violations and safety rule violations. The decision applied a 15% increase in compensation under § 287.120.4 RSMo due to the employer's violation of Department of Transportation regulations.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Robby Gower for a claimed back injury allegedly sustained on December 1, 2005. The Commission found that the claimed injury did not arise out of and in the course of employment as required under Missouri workers' compensation law.

The Commission modified the administrative law judge's award, affirming the finding that the employee sustained bilateral carpal tunnel syndrome as an occupational disease arising from employment, but rejecting claims for shoulder injuries. The employee was awarded 20% permanent partial disability for each wrist with a 10% multiplicity factor, with the employer responsible for left carpal tunnel treatment but not the right carpal tunnel surgery already obtained by the employee at his own expense.

The Commission reversed a temporary award from the administrative law judge that contained an inadvertent clerical error including an attorney fee lien that was never requested. The employee's claim for an occupational disease of the bilateral upper extremities was denied, as the evidence did not support that a work-related occupational disease was the prevailing factor in causing her condition.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Edward Arnold's cervical spine injury sustained from a ladder fall on February 18, 2003. The employee received 40 weeks of permanent partial disability compensation in the amount of $12,471.20 with 10% PPD referable to the cervical spine.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Edward Arnold for a shoulder blade injury sustained on March 22, 2003, while driving a ground rod with a sledgehammer. Although the injury was found to be compensable and arose out of employment, no compensation was awarded due to the absence of permanent disability.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Edward Arnold for a low back injury sustained on July 6, 2003 while moving equipment in a warehouse, finding no permanent disability resulted from the compensable injury. Although the injury was found to arise out of and in the course of employment, no compensation was awarded.

The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for a prison guard who suffered respiratory injury during an inmate restraint incident. Although the Commission found that an accident occurred, the employee failed to meet his burden of proof that the accident was the prevailing factor in causing his medical condition and disability.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Thomas L. Almany, a lube service technician, who claimed he developed right carpal tunnel syndrome from repetitious job duties. The Commission found that the alleged occupational disease did not arise out of and in the course of employment under Missouri workers' compensation law.

The Commission affirmed the administrative law judge's award denying workers' compensation benefits to employee Bernice Scott, finding she failed to establish the requisite causal connection between her employment conditions and her injury. The court determined that Scott could not identify the specific hazard or risk that caused her injury, and therefore failed to demonstrate that the injury arose out of and in the course of her employment under Missouri law.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to truck driver Aleck Fineman for an alleged left arm injury. The court found that the injury did not arise out of and in the course of employment, making it non-compensable under Missouri law.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Ralph Mountjoy for injuries sustained on September 7, 2007, when he received an electric shock while changing a light fixture ballast on a ladder. The employee was awarded permanent partial disability benefits of 20% for the left shoulder and 12.5% for the body as a whole, plus temporary total disability and medical costs totaling approximately $37,190.44.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits for Gerald Steinkamp's work-related injury to his right shoulder and low back sustained on November 5, 2004 while lifting heavy bags at American Airlines. The Second Injury Fund was found liable and awarded $10,777.99 in compensation for permanent partial disability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to the deceased employee's widow, finding that the employee's injuries did not arise out of and in the course of employment. The court provided supplemental analysis regarding the application of the extension of premises doctrine following the 2005 amendments to Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission reversed the administrative law judge's decision and determined the Second Injury Fund is liable for permanent total disability benefits. The employee sustained a left shoulder injury (proximal humerus fracture and rotator cuff tear) on December 7, 2007, when she fell on black ice, with the Commission finding the accident was the substantial contributing and prevailing factor in her injury despite significant preexisting disabilities.

The Commission affirmed the Administrative Law Judge's denial of compensation, finding that the employee is permanently and totally disabled solely from the last work injury, making the Second Injury Fund not liable. The decision clarifies that synergy between preexisting conditions and a subsequent work injury is not required to prove Second Injury Fund liability, but the evidence established the last injury alone caused the permanent total disability.

The Commission affirmed the denial of the employee's claim for hearing loss due to failure to file timely, but reversed the denial of the tinnitus claim. The decision addresses whether David Clevenger's occupational disease claims related to noise exposure on the assembly line were barred by the statute of limitations.

The Commission modified its prior award in compliance with the Missouri Court of Appeals remand order, establishing that the Second Injury Fund's liability for permanent total disability commenced December 6, 2005, and awarding permanent partial disability benefits of $38,968.24 for 124 weeks plus ongoing permanent total disability benefits. The employee was found to be permanently and totally disabled as a result of his 2001 primary injuries combined with pre-existing conditions.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Dale Welty for alleged hearing loss and tinnitus allegedly caused by occupational noise exposure. The claim was found to be non-compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Randy Wineland for a low back injury sustained on June 6, 2002. The employee was awarded permanent and total disability benefits beginning July 14, 2005, with ongoing medical care and past due compensation with interest.