Filtered Decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to James Brown for a right upper extremity injury allegedly caused by repetitive use on April 16, 2003. Although the injury arose out of and in the course of employment, it was found not to be compensable under Chapter 287 of Missouri law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of 15 weeks temporary total disability and 160 weeks permanent partial disability, rejecting the employee's claim for permanent total disability benefits. The Commission found the employee failed to prove that her psychiatric condition (somatoform disorder) was directly and proximately caused by the work-related accident of December 13, 1996.

The LIRC modified the administrative law judge's award to properly classify it as a temporary or partial award rather than a final award, as unresolved issues remained regarding permanent disability from the employee's right wrist condition. The proceedings were kept open for further proceedings and a final award, with the left wrist occupational disease compensability claim denied pending additional review.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Garrick Clewis for an alleged October 22, 1999 motor vehicle accident. The Commission found the employer's evidence more credible, determining that the employee did not sustain an injury arising out of and in the course of employment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to James Hayes for an alleged left shoulder injury sustained on May 6, 2002, while pouring molten metal. The Commission found that the injury did not arise out of and in the course of employment and therefore was not compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding permanent disability benefits for a June 28, 2002 neck injury (Injury No. 02-102986). The Commission addressed the Second Injury Fund's appeal regarding the timing and calculation of permanent partial disability versus permanent total disability payments.

The Commission modified the administrative law judge's award regarding the Second Injury Fund's payment obligations for an employee's carpal tunnel syndrome claim. The employee, who had settled with the employer/insurer for 15% permanent partial disability of each hand at the wrist, was found to be permanently and totally disabled when combined with preexisting conditions, and the Commission addressed the proper timeline for SIF benefit payments.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to James G. Hawley for an alleged back injury from lifting a generator on February 1, 2002. The court found that the employee was not in the employ of the employer at the time of the alleged accident and that the injury did not arise out of and in the course of employment.

The Commission reversed the Administrative Law Judge's award, finding that the employee's bilateral carpal tunnel syndrome was not attributable to an occupational disease arising from her employment. The decision emphasizes that the employee failed to establish the required causal connection between workplace conditions and the claimed occupational disease.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Mark Howard for a low back injury alleged to have occurred on September 4, 2003, finding that the injury did not arise out of and in the course of employment. No compensation was awarded in this case.

The Labor and Industrial Relations Commission modified the administrative law judge's award, affirming the 15 weeks of disfigurement compensation but reversing the 40 weeks of permanent partial disability (10% of body as a whole) for an employee who sustained second-degree flash burns over approximately 8% of his body surface on November 20, 2003. The employee was released to return to work without restrictions as of January 5, 2004, and has continuously worked full duty with no physical limitations since that date.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying all workers' compensation benefits to Brian Senter. The Commission found that the injury was not compensable under Missouri workers' compensation law as it did not arise out of and in the course of employment.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Curtis Williams, finding he did not sustain a compensable injury arising out of his employment. The employee's pre-existing diabetic neuropathy and foot conditions were determined to be the cause of his reported pain while working on a ladder, rather than an accident arising out of employment.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Cory Washington, finding that his alleged back injury from lifting boxes on April 1, 2003 did not arise out of and in the course of his employment. No compensation was awarded, and the claim was determined to be non-compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission modified the administrative law judge's March 31, 2005 award, correcting procedural errors including the date of injury (July 31, 2000) and first treatment date (July 31, 2000 rather than August 1, 2005). The Commission affirmed the allowance of attorney's fees, though a dissenting opinion argued for compensation of knee injuries claimed by the employee.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for an occupational disease claim. The employee, who loaded, unloaded, and drove trucks carrying heavy construction equipment from 1984 through December 1, 2001, suffered injuries to bilateral knees, back, and body as a whole that arose out of and in the course of employment.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Donnell Durley for tinnitus allegedly developed after retirement from Anheuser-Busch. The claimant failed to establish that the occupational disease arose out of and in the course of employment, resulting in no compensation awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to Jay Downing for an accident occurring on August 28, 2003. The Commission found that the employee transported tools to his home for personal convenience rather than employer benefit, and rejected the applicability of the mutual benefit doctrine to make the accident compensable.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Tim Temple for a spontaneous pneumothorax that occurred on October 3, 2000. Medical evidence did not establish that the spontaneous pneumothorax was work-related, despite the injury occurring while the employee was loosening a bolt with a wrench.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to employee Connie Woody for an injury occurring on February 19, 1996 in Greene County, Missouri. The Commission found the award was supported by competent and substantial evidence and made in accordance with the Missouri Workers' Compensation Act.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Paul Bratcher for plantar fasciitis caused by wearing rigid steel-toed shoes on hard concrete floors. The claimant was awarded $4,663.91 in total compensation consisting of unpaid medical expenses and permanent partial disability benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that the employee's motor vehicle accident injury arose out of and in the course of employment. The Commission determined all findings were supported by competent and substantial evidence under the Missouri Workers' Compensation Act.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing temporary compensation for an occupational disease claim filed by Mary Canada for wrist injuries sustained from 20 years of typing work. The case involves a temporary award subject to further order, with the Second Injury Fund left open as an additional party.

The LIRC affirmed the administrative law judge's denial of workers' compensation benefits, finding that the employee's truck driving job was not a substantial factor in developing carpal tunnel syndrome. One commissioner dissented, arguing that medical evidence linked truck driving and repetitive hand use to the condition and that it should be compensable.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Winfred Collier for carpal tunnel syndrome. The court found that the employee's condition was attributable to non-work-related risk factors including age, gender, hormonal changes, and obesity rather than workplace injury.