All Missouri workers' compensation decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to the dependents of Travis Anderson, who died in a fatal automobile accident on July 19, 2003. The Commission found that the accident did not arise out of and in the course of employment, making it non-compensable under Missouri workers' compensation law.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for Danny Andrews, a heavy equipment operator who suffered multiple fractures to his right hip and leg while unloading a cable spool in September 2000. The claimant was awarded permanent total disability benefits of $599.96 per week for life beginning March 25, 2003.

The Commission affirmed the administrative law judge's denial of the employee's occupational disease claim, finding he failed to meet his burden of proof that his back problems arose from his firefighting career. Although the employee argued the proper standard was 'reasonable medical probability,' the Commission agreed with the ALJ that the evidence supported a finding that the back problems resulted from a pre-existing degenerative condition rather than being substantially caused by employment.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to James Andrews for a work-related injury sustained on March 11, 2004, when he fell into a fish pond while fighting a fire. The employee was awarded 12-1/2% permanent partial disability compensation totaling $29,221.61, with the employer and Second Injury Fund sharing liability.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Timothy Andrews for a compensable injury to bilateral upper extremities sustained on April 1, 2004, while stopping a child from falling down stairs. The award was supported by competent and substantial evidence and complied with Missouri Workers' Compensation Law.

The Missouri Court of Appeals reversed the Commission's January 2010 award denying compensation, finding the Commission erred in rejecting uncontradicted medical testimony that the employee was permanently and totally disabled from rheumatoid arthritis combined with osteoarthritis. The Commission was remanded to determine the degree of disability proportionally in accordance with the medical evidence and to determine the Second Injury Fund's liability.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits, finding that the employee's alleged work-related osteoarthritis did not arise out of and in the course of employment. No compensation was awarded in this case.

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 denying Second Injury Fund liability, finding the employee sustained a compensable 10% permanent partial disability to the hand from an April 8, 2005 injury, but the preexisting left foot injury did not meet the statutory threshold for Second Injury Fund benefits. The Commission rejected the employee's arguments that the administrative law judge erred in assessing expert credibility and substituting his own opinions for medical testimony.

The Commission affirmed the administrative law judge's denial of workers' compensation benefits for a high school teacher who fell in a school entryway on January 8, 2013. The denial was based on the employee's lack of credible testimony and insufficient objective medical evidence to support causation, with the judge finding her injury descriptions verged on malingering.

The Labor and Industrial Relations Commission reversed the administrative law judge's award that found the Second Injury Fund liable for permanent total disability benefits following an employee's January 3, 2014 workplace accident involving neck and arm injury. The Commission determined the administrative law judge erred in her application of law regarding Fund liability for the occupational disease claim.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation to Jose Antunez for a work-related back injury sustained on February 8, 2003 at Propipe Corporation. The Commission approved the award of 35% permanent partial disability of the body as a whole referable to the low back, though one commissioner dissented, arguing for permanent total disability benefits instead.

The Commission reversed the Administrative Law Judge's award of workers' compensation benefits to an employee who slipped and fell on stairs in a shared office building stairwell, finding that the employee failed to prove her injuries arose out of and in the course of her employment. The reversal was based on the determination that the employer did not own or control the common area where the fall occurred.

The Labor and Industrial Relations Commission modified the administrative law judge's May 6, 2013 award, concluding that the employee sustained permanent total disability as a result of the January 16, 2008 injury. The Commission simultaneously reversed the award of permanent total disability benefits against the Second Injury Fund in the companion case (Injury No. 10-075527).

The Commission affirmed the administrative law judge's decision denying compensation to employee Arsenio Arciga for shoulder injuries allegedly sustained on February 23, 2010, while assisting a coworker. The Commission found the ALJ's award was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission modified the administrative law judge's award in a workers' compensation case involving employee Michael Ard's October 15, 2010 work injury, determining a 65% permanent partial impairment of the body as a whole. The Commission also addressed dependent status and marital validity issues arising after the employee's death on September 14, 2013.

The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits, finding that the employee's cervical spine injury from May 21, 2001 was compensable but did not warrant permanent total disability. The Second Injury Fund was not liable as the employee had no pre-existing disabilities that combined with the work injury to create permanent total disability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Ronald Armstrong for his alleged right shoulder injury. The Commission found that Armstrong failed to prove he sustained a compensable accident or that any accident was the prevailing factor in causing his shoulder problems.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding Debra Arnold's workers' compensation case, primarily correcting the future medical care provision to remove the requirement that treatment be recommended by Dr. Volarich, an independent medical evaluator rather than a treating physician. The Commission affirmed the finding that Arnold is permanently and totally disabled as a result of her work-related injury and made clarifying technical modifications to the award.

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 Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation to James Atchison, finding that preexisting disabilities need not be manifest prior to a work injury to trigger Second Injury Fund liability. The decision clarifies that an employee's preexisting condition can be asymptomatic and still constitute a hindrance to employment when combined with a subsequent compensable work injury.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Ruth Atkins for a wrist injury sustained on April 7, 2005, finding the decision supported by competent and substantial evidence. A dissenting opinion argued the judge erred in disregarding uncontradicted vocational expert testimony regarding the employee's permanent total disability.

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.