Filtered Decisions

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Shawn Claspill's injury sustained from a fall off a forklift on July 31, 2006. The employee was awarded 40 weeks of permanent partial disability compensation at a weekly rate of $532.76 for a 10% permanent disability rating.

The Missouri Court of Appeals remanded the case to the Commission for reconsideration of occupational disease claims involving multiple body parts. The Commission affirmed the administrative law judge's award of 40% permanent partial disability for the lumbar spine in the 1999 claim while denying causation for cervical spine, hernia, and right shoulder injuries in both claims.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding that Thomas M. Roemisch, who fell in a courthouse parking lot while appearing for jury duty, qualifies as an employee of Greene County under Missouri workers' compensation law. The decision is temporary or partial, with proceedings remaining open for final determination pending further evidence.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to employee Rodney Northcross for injuries sustained in an auto accident on August 29, 2003, while employed. The award includes permanent partial disability compensation totaling $46,011.68, with 30% shoulder disability and 5% body-as-a-whole disability, plus unpaid medical expenses and Second Injury Fund liability.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Justin Smallwood for a hernia injury sustained on December 8, 2008, while using a tag line to steady a 55,000-pound wall during a crane operation. The employee was awarded temporary total disability compensation for 3 weeks, permanent partial disability of 10% for body as a whole, and past medical expenses totaling $40,751.86.

The Commission modified the administrative law judge's award, reducing the employee's permanent partial disability rating for a left knee injury from 30% to 20% at the 160-week level. The Commission found the higher rating excessive and unsupported by the medical evidence, particularly the extensive examination conducted by the employee's independent medical evaluator.

The Commission reversed the ALJ's award of 18.63 weeks of compensation for synergistic disability combining a primary right hand injury (15% PPD) with preexisting pelvis, lumbar, and cervical spine disabilities. The case involved a dispute with the Second Injury Fund regarding the proper calculation of liability for the combined effect of the employee's injuries.

The Missouri LIRC affirmed the ALJ's award of workers' compensation for Richard B. Hafley's occupational disease (bilateral plantar fasciitis) arising from his employment, finding the evidence supported compensability and permanent partial disability ratings. One commissioner dissented, arguing the ALJ's disability ratings of 7-9% were inadequate compared to the medical evidence supporting 15% permanent partial disability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits for Richard B. Hafley's right ankle and foot injury sustained on August 4, 2009, while one member dissented, arguing for a higher permanent partial disability rating of 20% rather than the awarded 2.5%. The decision found the injury compensable and the award supported by competent and substantial evidence, though the dissenting opinion criticized the assessment of permanent partial disability benefits.

The Commission modified the administrative law judge's award of permanent partial disability benefits, reducing the weekly calculation rate from $408.00 to the statutory maximum of $354.05 for the applicable period. The total liability for permanent partial disability benefits was reduced to $56,205.44, with disfigurement compensation set at $7,081.00 and permanent partial disability compensation at $49,124.44.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Selma Lewis for a low back injury sustained while assisting a patient at KU Medical Center on October 6, 2001. The claimant was awarded 15% permanent partial disability benefits totaling $24,377.08, with the Second Injury Fund liable for $4,611.88.

The Missouri LIRC modified its March 9, 2011 temporary award regarding medical treatment for an employee's work-related bilateral upper extremities injury from repetitive computer work. The Commission reversed the administrative law judge's designation of a specific treating physician and instead awarded the employee the right to reasonable medical treatment as needed to cure and relieve the injury effects.

The LIRC affirmed the administrative law judge's award finding the employee's work-related injury to his lumbar back and lower extremities compensable under Missouri workers' compensation law. The injury occurred when a transmission fell and the employee instinctively caught it while attempting to align it with an engine on June 10, 2009.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding the claimant's compensable injury to his lumbar back and lower extremities occurred when a transmission fell and he instinctively caught it on June 10, 2009. This is a temporary or partial award with the case remaining open for further proceedings to determine the nature and extent of permanent disability.

The Commission affirmed the Administrative Law Judge's decision denying compensation to Eugene Brown for an occupational injury sustained on August 15, 2005 while moving a table at his workplace. Although the injury was deemed compensable under Missouri law, no permanent disability was found to warrant ongoing compensation beyond the temporary disability and medical benefits already paid.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Shirley Pioske-Schlueter for injuries sustained in a slip and fall accident on November 9, 2007. The claimant was awarded permanent partial disability benefits for her right leg and low back injuries, with lifetime weekly compensation of $163.80 from the Second Injury Fund beginning February 23, 2009.

The Commission modified the ALJ's award by allowing the employer a full credit for medical benefits paid to the professional athlete employee under contract, in addition to salary continuation benefits previously allowed. The employee was awarded permanent partial disability benefits for low back and right hip injuries sustained on May 3, 2002, along with future medical care coverage.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to employee Dale Skyles, finding the award was supported by competent and substantial evidence and compliant with Missouri law. The Commission also approved the administrative law judge's allowance of attorney's fees as fair and reasonable.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation to David Duly for back injuries sustained on June 6, 2005, with permanent partial disability rated at 7.75% of body as a whole. A dissenting commissioner argued the award should be modified to increase the disability rating to 25% and grant past medical expenses based on more recent MRI evidence reviewed by the orthopedic surgeon.

The Commission reversed the Administrative Law Judge's denial of workers' compensation benefits, finding that the employee's October 29, 2006 work accident (while washing a patrol car windshield) was the prevailing factor in causing his cervical spine condition. The case involved determining medical causation for a neck injury claim that the ALJ had previously rejected based partly on the employee's prior workers' compensation settlement from an unrelated 2002 motor vehicle accident.

The Commission affirmed the administrative law judge's award of permanent total disability benefits to employee James Wilder resulting from a 2004 work injury, finding he is permanently and totally disabled due to the combination of the work injury and preexisting disabling conditions. The Second Injury Fund is liable for permanent total disability benefits, with the employer responsible for a 40% permanent partial disability of the left shoulder and 68.7% permanent partial disability of the body as a whole referable to the cervical spine.

The LIRC modified the ALJ's April 15, 2010 award, agreeing that the employee is entitled to future medical care but disagreeing with the directive that it be provided by a specific physician. The Commission also reversed the ALJ's evidentiary rulings regarding Social Security Administration records, finding them relevant to establishing the disabling nature of the work-related injury.

The Commission modified the ALJ's award regarding Second Injury Fund liability for an employee with multiple work-related injuries including a primary injury on April 19, 2007, combined with preexisting conditions affecting the knees, back, shoulders, and other body parts. Medical expert testimony indicated the employee is permanently and totally disabled as a result of the work-related injury combined with preexisting medical conditions, though the ALJ had initially awarded a 22% load factor rather than full permanent total disability benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying all workers' compensation benefits to employee Michael Altman for an alleged back injury sustained while picking up a concrete form. 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 Commission modified the administrative law judge's award, which had found the employee permanently and totally disabled from a March 15, 1999 work injury involving a slip on a wet floor causing lumbar strain. The Commission reviewed whether the employee was entitled to temporary total disability benefits from March 11, 2003 through April 25, 2004 and the extent of permanent disability resulting from the work injury.