Filtered Decisions

The Commission affirmed the Administrative Law Judge's award granting permanent total disability benefits to employee Bill Lewry for toxic chemical exposure sustained on October 27, 2006, while disposing of hazardous waste. The claimant was awarded weekly permanent total disability benefits of $718.87 beginning December 9, 2007, plus future medical treatment and a 25% attorney's fee lien.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Michael Bartlett's occupational disease involving repetitive motion to his right foot and ankle, contracted on or about August 7, 2007. Total compensation of $6,547.15 was awarded for medical expenses, temporary total disability, and permanent partial disability of 7.5% at the 155-week level.

The Commission affirmed the administrative law judge's award denying compensation, finding that the claimant's occupational diseases of carpal tunnel syndrome and exercise-induced compartment syndrome were not compensable under the last exposure rule. The dissenting opinion argues the decision should be reversed because the claimant's repetitive work duties at Rock Hill Mechanical, not Murphy Co. Mechanical, caused the occupational diseases.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Larry Daly for a cervical spine occupational disease contracted through lifting and stacking cases of soda over a number of years. The claimant was awarded $48,481.60 in permanent partial disability compensation based on 160 weeks at $303.01 per week.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to George Wolin, an audio technician who developed bilateral carpal tunnel syndrome allegedly from his work activities. The Court found that the injury did not arise out of and in the course of his employment and therefore was not compensable under Missouri workers' compensation law.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Tom Lingo for a head injury sustained on July 21, 1994, while moving bags of cement at work. The claimant was awarded 15% permanent disability compensation totaling $10,399.80 plus previously paid medical benefits and temporary disability compensation.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Bobby Rowden, finding that no accident or occupational disease occurred that arose out of and in the course of employment. No compensation was awarded and the claim was determined to be non-compensable under Missouri Workers' Compensation Law.

The Commission modified the administrative law judge's award to expand future medical care beyond medications to include all necessary treatment to cure and relieve the employee from the effects of her occupational disease. The employee sustained a repetitive strain injury to both hands and wrists resulting in permanent partial disability with disability ratings and disfigurement compensation approved.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of permanent partial disability benefits for an employee's May 26, 2004 work accident involving shoulder injury. The Commission rejected the dissenting opinion's argument for permanent total disability, finding the partial disability award supported by competent and substantial evidence.

The Commission affirmed the administrative law judge's award of workers' compensation to David McGhee for asbestosis, an occupational disease resulting from workplace exposure to asbestos between 1964 and 1977. The decision involved determining the appropriate permanent total disability compensation rate applicable when disease diagnosis occurred years after the harmful exposure ended.

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to a bus driver who claimed bilateral carpal tunnel syndrome from repetitive motion work. One commissioner dissented, arguing the employee presented substantial evidence that his twelve-plus years as a bus driver was the prevailing factor causing his occupational disease and permanent disability.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to David Wallace for a herniated disc at L3-L4 and degenerative lower back changes. The majority found the condition was not caused by work-related activities, though a dissenting opinion argued the back condition resulted from repetitive occupational exposure and should be compensable.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Deborah Travis. The Commission found that 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 affirmed the Administrative Law Judge's award finding that employee Shelli Talbert's repetitive strain injury to her right thumb while working as a customer service representative was a compensable occupational disease. The award is temporary or partial, with medical expenses of $2,516.51 paid to date and proceedings kept open for final determination of permanent disability benefits.

The Commission affirmed the administrative law judge's award finding that employee Florence Bills sustained a compensable occupational disease to the pulmonary system from exposure to 409 Cleaning Solvent on August 25, 2006, at Express Scripts, Inc. The award includes unpaid medical expenses of $11,115.55 with no permanent disability or temporary disability compensation awarded.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Linden Dauenbaugh for a motor vehicle accident occurring on May 6, 2004, while employed as a taxi driver. Benefits included 35% permanent partial disability rating for cervical injury, temporary total disability compensation, unpaid medical expenses of $44,886.41, and Second Injury Fund liability of $6,549.60.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Donald Hudgins for a right shoulder injury sustained on March 24, 1999, when he fell while filling an order. The Commission awarded 35% permanent partial disability to the right shoulder at 81.2 weeks plus medical bills totaling $29,076.47, with the Second Injury Fund covering medical expenses due to the employer being uninsured.

The Commission affirmed the Administrative Law Judge's decision denying additional workers' compensation benefits to Robert Hemp for a work-related injury sustained on August 8, 2001, while tightening a bolt at Christy Minerals Company. Although the injury to the right shoulder and associated conditions were deemed compensable, no additional compensation was awarded as all benefits had been previously settled.

The LIRC reversed the administrative law judge's award and issued a correcting order clarifying that repetitive motion injuries are compensable only if occupational exposure was the prevailing factor in causing both the medical condition and disability. The case involves an employee's occupational disease claim from repetitive vibration and motion exposure while working as a plumber performing cabling and high-pressure line cleaning work.

The Missouri Court of Appeals reversed the Commission's initial denial, finding the employee's claim compensable. The Commission awarded temporary total disability benefits from September 12, 2004 through March 28, 2005, and permanent total disability benefits thereafter due to complications from clostridium difficile requiring colectomy and colostomy.

The Commission affirmed the administrative law judge's award denying workers' compensation benefits despite finding the injury to be compensable under Missouri law. The employee sustained a severed foot while unpinning a crane on April 13, 2005, but no compensation was ultimately awarded in the case.

The Commission reversed the administrative law judge's award that found a compensable work injury arising from a June 1, 2006 incident and ordered employer to pay for arthroscopic shoulder surgery and related care. The primary issue on appeal was whether the alleged June 1, 2006 work injury was the prevailing factor in causing the employee's right shoulder condition, given her prior motor vehicle accident in May 2004 and subsequent January 2006 shoulder surgery.

The Commission affirmed the administrative law judge's award of permanent total disability benefits for David Heston, who suffered a compensable back injury on August 15, 2002, when pinned between a truck and dolly while employed by Rock Hill Mechanical Corporation. The employee is entitled to lifetime permanent total disability benefits of $649.32 weekly beginning March 1, 2008, with credit for overpaid temporary disability compensation.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Geoffrey Sater for a compensable shoulder and back injury sustained while lifting a steel clamp at work. The claimant was awarded 129.6 weeks of permanent partial disability compensation totaling $50,419.58, with 30% permanent disability to the right shoulder and 15% to the thoracic back.