Filtered Decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits in the case of Kathy Siebert against Miss Elaine, Inc. The decision found that the ALJ's award was supported by competent and substantial evidence and complied with Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits in this case. The Commission found that the ALJ's decision was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

The Commission modified the administrative law judge's award regarding a painter's bilateral chemical corneal abrasion and conjunctivitis sustained on July 10, 2006, when latex paint splashed into his eyes. The decision affirms the employee's entitlement to compensation for permanent partial disability and future medical care, including ongoing treatment for dry eyes and annual ophthalmological examinations.

The Commission modified the administrative law judge's award, reversing the finding that the employer did not violate the Scaffolding Act and awarding a fifteen percent enhancement accordingly. The Commission affirmed all other findings regarding permanent partial disability benefits of 20% of the left biceps, 5% of each foot, and 2.5% of the body as a whole for lower back pain.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Randy D. Wright. No compensation was awarded in the case, with the Commission finding the ALJ's award was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Shelby Mays for a low back injury sustained on March 3, 2005 while operating a sizer machine. The employee was awarded permanent total disability benefits from the Second Injury Fund, with compensation previously settled by compromise settlement agreement with the employer-insurer.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Nora J. Wigger for an alleged right shoulder injury sustained while picking weeds. The injury was found not to have arisen out of and in the course of employment under Missouri workers' compensation law.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee James W. Auxier for injuries allegedly sustained from a fall from a trailer in Dallas, Texas on March 16, 2009. The claim was denied and dismissed for lack of jurisdiction under the Missouri Workers' Compensation Law.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Murl L. Brown's cervical spine injury sustained in a motor vehicle accident on November 16, 2000. The employee was awarded 15% permanent partial disability of the body as a whole, combining with preexisting disability to result in permanent and total disability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to employee Lori Myers. The Commission found the judge's decision was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Byron Proffer for a cervical spine injury sustained on October 13, 2004, while pushing a 55-gallon drum of oil at Federal Mogul Corp. The employee was found to have permanent total disability and awarded ongoing compensation at $601.80 per week beginning September 15, 2006, along with medical benefits and temporary total disability payments.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to employee Constance Lunn for a right shoulder fracture (right proximal humerus) sustained on September 8, 2006, while working at a school football game ticket booth. The employee was awarded 17.5% permanent partial disability benefits totaling $15,404.47 in additional temporary total disability and permanent partial disability compensation.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to an employee who sustained a lateral meniscus tear to her knee when a patient bed rolled unexpectedly during repositioning. The Commission found the employee failed to prove that the accident, rather than preexisting arthritis, was the prevailing factor in causing the need for knee replacement surgery.

The Missouri LIRC modified the administrative law judge's award to find that the employee is permanently and totally disabled due to a combination of her primary work-related bilateral cumulative trauma injuries to her wrists and elbows (treated with carpal tunnel releases) and multiple preexisting conditions (1987 low back injury, 2000 shoulder injury, 2004 foot injury). The Commission agreed with medical and vocational expert testimony that the employee cannot access the open labor market due to the synergistic effect of her combined disabilities, which create greater restriction than the sum of individual impairments.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Norma Williams for a right shoulder injury sustained on August 20, 2007, when she tripped and fell on a concrete walkway at her workplace. The award included 40% permanent partial disability compensation, back medical expenses of $61,335.95, and additional benefits totaling $40,410.38.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying compensation in this workers' compensation case for employee Joseph H. Butler. The Commission found that the judge's decision was supported by competent and substantial evidence and complied with Missouri Workers' Compensation Law.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Charles Jones for a work-related injury sustained on September 12, 2005, during Hurricane Katrina recovery efforts when he was cut by a wire, resulting in the development of RSD (CRPS). The employee was determined to have permanent total disability with benefits including temporary total disability compensation of $49,183.64 and medical aid totaling $281,266.85.

The Commission affirmed the Administrative Law Judge's award denying compensation in the workers' compensation case of Darryl Weber. The Second Injury Fund's participation was dismissed.

The LIRC affirmed the Administrative Law Judge's award of permanent total disability benefits to employee Sherry Sellars for injuries sustained in a motor vehicle accident on April 30, 2007, which resulted in a compression fracture at T-12 requiring surgical intervention. The Commission rejected the employer/insurer's argument that subjective mental disability findings should not prevail, finding that both the objective physical disability and the resultant psychic disability combined to warrant permanent total disability status.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Charles Hurst. The Commission found that the award was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

The Commission modified the administrative law judge's award regarding the date of permanent total disability commencement for a deceased employee with combined primary and preexisting injuries. The Commission affirmed that the employee was permanently and totally disabled and that his dependent is entitled to lifetime continuation of benefits, but disagreed on the June 12, 2000 disability date, requiring clarification on when maximum medical improvement was reached to properly determine Second Injury Fund liability.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Hali Batton for a compensable occupational disease injury to her neck, body as a whole, and left shoulder sustained on January 21, 2004, resulting from repetitive overhead work. The award includes permanent partial disability benefits from the employer and permanent total disability benefits from the Second Injury Fund.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Sonia Revels for a right shoulder and cervical spine injury sustained on November 9, 2001, when a box fell while she was stacking boxes at Fulton State Hospital. The claimant was awarded permanent partial disability benefits of 111-1/7 weeks and permanent total disability benefits of $224.14 per week beginning June 4, 2003, for a total award of $51,321.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Terry Williams. The decision was issued on August 10, 2010, affirming the January 11, 2010 award and approving the attorney's fee as fair and reasonable.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Troy L. Hudson for two work-related injuries: a May 21, 2004 fall from a trailer causing head, neck, spine, and shoulder injuries (30% permanent partial disability), and a December 29, 2004 low back injury from bending rebar (40% permanent partial disability). The decision awards temporary disability compensation, medical expenses, and permanent partial disability benefits for both injuries.