Filtered Decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation to employee Joseph Pearson for injuries sustained on July 11, 2003, finding no compensable disability resulted from the primary injury. One commissioner dissented, arguing the ALJ erred in rejecting uncontradicted expert medical testimony regarding permanent partial disability ratings and Second Injury Fund liability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for an employee injured on June 23, 2000, while working on an assembly line at General Motors Corporation. The Second Injury Fund was found liable for 24.1875 weeks of permanent partial disability compensation at $303.01 per week totaling $7,329.06.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Ronald Bryant for a torn medial meniscus injury claimed to have occurred on May 1, 2004, finding that the employee failed to meet his burden of proving medical causation. The dissenting opinion argued the decision was in error because the mechanism of injury described by the employee and corroborated by three workplace witnesses could have caused the tear, despite the employer's expert's inability to state with reasonable medical certainty due to pre-existing chronic knee problems.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Mark Serati for alleged exposure to benzene and xylene compounds. The claim was denied because the evidence did not establish that an accident or occupational disease arose out of and in the course of employment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation for Steven Dubinsky, who suffered a head injury from being hit with a hockey stick during professional employment on January 28, 2003. The employee was awarded compensation for 10% permanent disability to the body as a whole, with medical aid of $10,635.00 already paid by the employer/insurer.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that Joseph Harper sustained a compensable low back injury on June 6, 2003, while stepping down from a truck carrying a box of nails at RV Evans Company Distributors. The Commission upheld liability and awarded compensation for unpaid medical expenses of $3,055.00, with the case remaining open for further proceedings on temporary or partial disability benefits.

The Commission modified the administrative law judge's award by reversing the denial of a 15% enhancement under § 287.120.4 RSMo for the employer's failure to comply with scaffold safety statutes. The employee established that a scaffold wheel failure caused his injuries and the employer failed to provide exculpatory evidence, satisfying all elements for the statutory enhancement.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Angela Kern's slip and fall injury sustained on June 4, 2004, at Ortmann Stair Company in Franklin County, Missouri. The injury resulted in permanent partial disability to multiple body parts including the cervical spine, left shoulder, left knee, and left ankle.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Izudin Huskic for a back injury sustained from falling off a dumpster on March 15, 2000. The employee was awarded compensation for temporary disability, permanent disability of 25% body as a whole, and necessary medical aid totaling $40,291.55.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to employee Paul Probst, finding the award was supported by competent and substantial evidence. The Commission denied the employer's request for attorney fees and costs, finding no statutory authority to award such fees from the insurer for defending the claim.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to Earlene Smith for injuries sustained when she was assaulted by an unknown motorist on August 15, 2002, while in the course and scope of her employment. The Commission found the award was supported by competent and substantial evidence and in accordance with the Missouri Workers' Compensation Act.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent partial disability compensation for employee John Dedear, rejecting his argument that the lump sum award should be prorated over his life expectancy under § 287.250.9 RSMo. The court held that proration only applies to compromise settlements approved by agreement of the parties, not to contested hearing awards.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Cynthia Rogers for a left knee injury sustained on January 4, 2003, at her workplace in St. Louis County. The award includes temporary total disability benefits, permanent partial disability benefits, permanent total disability benefits, and necessary medical aid totaling over $43,000, with the Second Injury Fund liable for a portion of the permanent disability and lifetime benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying compensation for a claimed right shoulder injury on May 24, 2001. The Commission found that while the injury was deemed compensable and work-related, no additional benefits were awarded to the employee.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for James A. Hudson's compensable injuries sustained while performing shoveling duties. A separate concurring and dissenting opinion argued the award should be modified to increase permanent partial disability compensation for recurrent right carpal tunnel syndrome from 17% to 25% at the right wrist level.

The Commission modified the Administrative Law Judge's award regarding future medical care for the employee's work-related occipital neuralgia and migraines. Rather than awarding a $25,000 lump sum to absolve the employer of liability, the Commission ordered the employer to provide ongoing future medical care and treatment including medication oversight deemed reasonable and necessary to treat the residual headaches from the accident.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Sandra J. Pruett for a left knee injury sustained on April 13, 1999, while employed by Bleigh Construction Company. The Commission approved permanent total disability benefits beginning February 27, 2004, along with medical expenses and temporary disability compensation previously paid.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Diane Smith's occupational disease from repetitive use of her wrists, right upper extremity, shoulders and neck sustained on May 7, 1998. The employee was awarded unpaid medical expenses of $40,052.80 and 175 weeks of permanent partial disability compensation totaling $41,889.75, for a combined award of $93,021.96.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation for John Nienhause, who sustained a repetitive strain injury to his low back while employed by the City of Town & Country on November 17, 2002. The claimant was awarded 60 weeks of permanent partial disability compensation totaling $20,407.20 for 15% permanent partial disability of the body referable to the low back.

The Commission affirmed the Administrative Law Judge's award granting workers' compensation benefits to Leonard Slankard for a slip and fall injury at work on August 12, 2002, that resulted in bilateral shoulder injuries with permanent partial disability. The Second Injury Fund was found liable for permanent total disability benefits at a weekly differential rate of $146.24.

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits for William Kempker, who sustained a compensable back injury on February 24, 2001 while employed by ABB T & D. The claimant was awarded permanent total disability benefits beginning September 21, 2002, for his lifetime.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to Timothy Bauer, finding that he failed to prove a work-related accident or occupational disease. The claimant's alleged psychological/post-traumatic stress injury on November 9, 2003 was determined not to have arisen out of or in the course of his employment with Miller County Ambulance District.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for a left elbow injury sustained by James Ignatz on March 8, 2000, in Franklin County, Missouri. The injury was found to be compensable under Missouri law, resulting in permanent partial disability benefits and a total award of $15,832.88 with Second Injury Fund liability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to David Busch for a right knee injury sustained on January 18, 2002, while closing his employer's shop. The Commission approved a 45% permanent partial disability award along with medical expenses and temporary disability compensation.

The Labor and Industrial Relations Commission modified the October 19, 2005 award of the administrative law judge in this workers' compensation case involving employee Eric Neathery. The Commission affirmed the administrative law judge's decision to issue a final award on all stipulated issues including future medical care, temporary disability, permanent disability, and Second Injury Fund liability, and denied the employee's subsequent motions to submit additional evidence.