Filtered Decisions

The Labor and Industrial Relations Commission modified the ALJ's award, allowing compensation for a back injury sustained on September 28, 2007, when the employee picked up a wooden pallet at work. The employee, who has not worked since June 2008 due to ongoing severe back pain and related conditions, appealed the denial of permanent total disability benefits.

The Commission affirmed the Administrative Law Judge's award granting permanent total disability benefits to employee Bentley Gilbert, with the Second Injury Fund determined to be liable. The case involved a dispute over the weekly compensation rate for permanent total disability benefits, with the parties' stipulated rate of $340.12 upheld despite employee's later challenge.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award of permanent total disability benefits by removing a 15% enhancement under § 287.120.4 RSMo that was inapplicable to claims against the Second Injury Fund, reducing the compensation rate from the enhanced amount to $233.00 per week. The Commission affirmed all other aspects of the administrative law judge's decision and approved the attorney's fee as fair and reasonable.

The Commission modified the administrative law judge's award, finding the employee sustained a 40% permanent partial disability of the body as a whole referable to the low back and is permanently and totally disabled. The case involves disputes over liability between the employer and the Second Injury Fund for permanent total disability benefits, with the employee arguing the employer rather than the Fund should bear this liability.

The Commission affirmed the administrative law judge's award finding the employee permanently and totally disabled due to a combination of the work-related herniated disc injury and preexisting conditions. The Commission rejected the Second Injury Fund's argument that expert testimony should be excluded merely because experts declined to answer hypothetical questions about disability from the work injury alone.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation to Donald K. Shelton for a right clavicle injury sustained on December 6, 2002, while working as a field maintenance operator. The Commission found the injury compensable with 50% permanent partial disability of the right shoulder, with the claim against the Second Injury Fund being upheld.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to employee Jimmie Stanford for a right shoulder injury sustained on September 1, 2006, while operating a chainsaw. The award includes permanent partial disability compensation of 45% of the right shoulder, temporary total disability benefits, and unpaid medical bills, totaling $78,350.81.

The Commission affirmed the administrative law judge's denial of Second Injury Fund liability for an employee's left shoulder injury sustained on June 13, 2007, finding the employee failed to meet threshold requirements under Missouri law. The employee had a pre-existing left shoulder disability from a prior 2004 work injury and sustained only an additional 10% disability from the 2007 injury.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to elementary school teacher Cheryl Whitfield for a left wrist injury and psychiatric condition sustained when a student smashed her hand into a table on December 10, 2007. The claimant was awarded 5% permanent partial disability for the left wrist and 35% for body as a whole psychiatric injury.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying compensation in this workers' compensation case, despite finding the injury (abdominal hernia) to be compensable and work-related. The case was settled, resulting in no benefits being awarded to the claimant.

The Commission modified the Administrative Law Judge's award by reversing an improper 25% penalty on temporary total disability benefits, finding that penalties under § 287.560 RSMo can only award the whole cost of proceedings, not a percentage of benefits. All other aspects of the ALJ's award allowing compensation to employee Dennis Bales were affirmed.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Paul Guinnip and finding that Steve Liles and Melissa Liles are personally liable for all awarded benefits based on piercing the corporate veil of Bannister Electrical and HVAC, LLC. The decision upheld the administrative law judge's determinations after reviewing Steve Liles's Application for Review challenging the piercing of the corporate veil.

The Missouri LIRC modified the ALJ's award to allow compensation for medical expenses from seven additional health care providers beyond the one provider awarded by the ALJ, totaling $51,143.58 in medical bills related to the employee's work-related hip injury. The employee slipped and fell on August 3, 2009, requiring five surgical procedures including a total hip replacement, and the Commission determined sufficient evidence existed to award reimbursement for all credibly documented medical expenses related to the injury.

The LIRC modified the ALJ's award to grant enhanced permanent partial disability benefits against the Second Injury Fund for an employee who injured her low back in December 2009 while assisting another nurse moving a patient. The employee, who was never released to return to work and experiences constant pain radiating to her hip and leg, sought permanent total disability benefits, with medical evidence attributing her restrictions to both her work-related back condition and fibromyalgia.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to William Tordt for a permanent total disability resulting from a fall on ice in the employer's sales lot on January 22, 2008. The employer and insurer are liable for permanent total disability payments of $472.56 per week beginning August 1, 2009, for the remainder of the claimant's lifetime.

The Labor and Industrial Relations Commission modified the administrative law judge's award, finding that the Second Injury Fund's liability should be increased by including employee's preexisting conditions (hearing loss, tinnitus, vertigo, hernia, low back, and left shoulder) as hindrances to employment. The Commission determined specific permanent partial disability percentages for each preexisting condition and rejected the administrative law judge's unexplained conclusion that these conditions did not constitute obstacles to reemployment.

The Commission reversed the Administrative Law Judge's award and denied the employee's claim against the Second Injury Fund for permanent partial disability benefits related to bilateral carpal tunnel syndrome and ulnar neuropathy. The Commission found that the employee failed to meet his burden of proving he had reached maximum medical improvement with regard to the primary injury, making the Second Injury Fund liability determination improper.

The Labor and Industrial Relations Commission affirmed the Award and Decision of Administrative Law Judge Joseph E. Denigan dated March 5, 2012, finding that the award was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law. The Commission also approved and affirmed the administrative law judge's allowance of attorney's fees as fair and reasonable.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's corrected award of workers' compensation after the Missouri Court of Appeals for the Southern District dismissed the employer's appeal for lack of finality, finding the award incomplete due to a pending motion to commute. Following the employee's withdrawal of the motion to commute on July 3, 2012, the Commission issued a final award affirming the corrected award and allowing compensation.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Sally D. Swartz, who was struck by a client on June 23, 2007, while employed at Nevada Habilitation Center. The Second Injury Fund was held liable for permanent total disability benefits of $238.31 per week beginning June 23, 2012.

The Commission affirmed the administrative law judge's denial of the employee's workers' compensation claim, finding that the employee failed to establish a compensable accident. The employee's testimony regarding an alleged January 16, 2007 groin injury while picking up an engine head was found to be lacking in credibility due to numerous inconsistencies with medical records and contradicted by witness testimony from supervisors and coworkers.

The Missouri LIRC affirmed the administrative law judge's award granting workers' compensation to Terry L. O'Connor for a left shoulder injury sustained on January 24, 2006, when a parked truck overturned 90 degrees into an excavation. The employee was awarded $6,352.39 in compensation for 7.5% permanent disability to the left shoulder at the 232-week level, plus necessary medical aid of $17,180.

The Commission affirmed the administrative law judge's award of 50% permanent partial disability for a right knee injury from a slip and fall accident in August 2001, but denied compensation for claimed psychiatric injuries of depression and anxiety. The Commission found that employee failed to meet his burden of proof on medical causation for the psychiatric claims due to the absence of medical expert testimony and evidence of pre-existing psychiatric history unrelated to the workplace accident.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's temporary or partial award finding that employee Manfred Meadows suffered a compensable work injury to his neck and body while lifting door jambs on July 29, 2009. The award provides for future temporary total or temporary partial disability benefits and future medical care, with proceedings remaining open for a final award.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's temporary or partial award finding that claimant Manfred Meadows sustained a compensable occupational disease injury to his neck and body as a whole from repetitive lifting at work on March 20, 2008. The award provides for future temporary total or temporary partial disability benefits and future medical care, with proceedings kept open pending a final award.