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Hines, Jr. v. Auto-Tire(2019)
June 25, 2019#11-057532
The LIRC affirmed the administrative law judge's award of permanent partial disability benefits of $16,837.52 against the Second Injury Fund for an employee with a primary thoracic spine injury combined with a preexisting lumbar spine injury. The Commission determined that the employee's preexisting lumbar disability constituted a potential hindrance or obstacle to employment despite his past ability to work, and the current work-related thoracic spine injury combined with the preexisting condition to cause greater overall disability.
Duarte v. Not specified in provided text(2019)
June 13, 2019#09-111523
The Labor and Industrial Relations Commission modified the administrative law judge's award in this workers' compensation case involving employee Manuel Duarte's occupational disease claim affecting his right shoulder. The Commission affirmed the finding of a work-related occupational disease with permanent total disability benefits, though the case involved procedural complications due to the employee's death during the appeal process.
Allen v. State of Missouri Fulton State Hospital(2019)
June 13, 2019#15-031122
The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to James Allen for a work-related injury occurring on May 5, 2015. The employee was awarded 169 weeks of permanent partial disability and 6 weeks of disfigurement compensation totaling $78,928.50, with medical aid of $57,814.59 already provided.
Allen v. State of Missouri Fulton State Hospital(2019)
June 13, 2019#15-005001
The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for James Allen's occupational injury occurring on February 1, 2015. The claimant was awarded 109 weeks of permanent partial disability compensation totaling $49,161.18, with medical aid of $28,393.02 already provided by the insurer.
Mickelberry v. ICF and LG Holding(2019)
June 13, 2019#15-030849
The Commission affirmed the ALJ's award allowing workers' compensation benefits for Jimmy Mickelberry, finding that a February 6, 2015 work injury was the prevailing factor in causing cervical radiculopathy and bilateral carpal tunnel syndromes, resulting in permanent total disability when combined with pre-existing conditions. The employee's primary injury and the combined effect of pre-existing and work-related disabilities were supported by credible medical testimony from Dr. P. Brent Koprivica.
Holloway v. Emerson Electric / Emerson Climate Technology(2019)
June 13, 2019#17-088003
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that employee Connie Holloway sustained a compensable occupational disease injury to her right upper extremity due to repetitive job duties on March 1, 2017. This temporary/partial award is subject to further order pending determination of the nature and extent of permanent disability.
Odom v. Customer Engineering Services, LLC(2019)
June 12, 2019#12-046620
The Missouri Court of Appeals reversed the Commission's medical expense award, directing it to be reduced to $34,029.06, while affirming all other aspects of the original award. The Commission issued a final award reducing past medical expenses per the Court's mandate while maintaining the remainder of its July 3, 2018 decision.
Marks v. Missouri Department of Corrections(2019)
June 4, 2019#17-086644
The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Dontarius Marks, finding the employee's testimony lacked credibility. A dissenting opinion argued the employee should be found credible and that his injury arose out of and in the course of employment, though the majority's affirming decision prevailed.
Staab-Bernacki v. Sportsman Supply(2019)
May 31, 2019#13-093011
The Labor and Industrial Relations Commission modified the administrative law judge's award, finding that the employee only needed to meet a preponderance of the evidence standard (more likely than not) rather than a clear and convincing standard to prove medical treatment was reasonably required for her work-related injuries. The Commission ordered the employer to pay for the initial MRI, while upholding the administrative law judge's findings of 20% permanent partial disability for the back and 5% for the knee.
Hicks v. Missouri Department of Corrections(2019)
May 31, 2019#14-004926
The Labor and Industrial Relations Commission modified the administrative law judge's award, addressing the employee's entitlement to temporary total disability benefits and permanent partial disability following a January 2, 2014 shoulder injury. The Commission reconsidered the employee's post-injury misconduct and the subsequent discharge for failure to follow proper call-in procedures, ultimately modifying the award regarding temporary total disability benefits.
Harrington v. Fordyce Concrete(2019)
May 30, 2019#13-087679
The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Jason Harrington, finding he suffered a 20% permanent partial disability to his right knee from his work-related injury on November 18, 2013, combined with preexisting disabilities resulting in permanent total disability. The Commission clarified that while synergy between injuries is relevant to establishing permanent partial disability, the key to Second Injury Fund liability is demonstrating that the combination of the present compensable injury and preexisting disability results in permanent total disability.
Mincks v. Walmart Associates, Inc.(2019)
May 22, 2019#05-102474
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Cheryl Mincks, finding that her alleged injury while carrying a box down a ladder did not arise out of and in the course of her employment. No compensation was awarded despite medical expenses of $4,487.42 having been paid by the insurer.
Austin v. AM Mechanical Services(2019)
May 1, 2019#11-112011
The Missouri LIRC affirmed the administrative law judge's decision denying workers' compensation benefits to employee Clifford Austin because his claim was time-barred by the statute of limitations. The court held that workers' compensation payments made under Kansas law did not toll Missouri's three-year statute of limitations period, as the statute requires strict construction and payments must be made 'under this chapter' to qualify.
Muratovic v. Kerry Ingredients(2019)
April 24, 2019#12-051298
The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation, finding that the employee's preexisting conditions did not constitute a hindrance or obstacle to employment under the Second Injury Fund statute. The Commission determined that competent and substantial evidence supported the award and that it was made in accordance with Missouri Workers' Compensation Law.
Fuentes v. Cargill Meat Solutions Inc.(2019)
April 17, 2019#12-052822
The Commission affirmed the administrative law judge's award denying compensation, finding that while the employee's repetitive trauma at Cargill resulted in permanent total disability, he failed to prove a pre-existing disability necessary to claim Second Injury Fund benefits. The employee's occupational disease arose from years of repetitive workplace duties rather than a single traumatic event.
Dubuc v. OTG, LLC(2019)
April 17, 2019#15-087903
The Labor and Industrial Relations Commission reversed the administrative law judge's denial of benefits and awarded permanent total disability compensation against the Second Injury Fund for an employee injured in a ladder fall on October 30, 2015. The employee's claim was based on the combination of injuries from the primary accident (left wrist, ribs, kidneys, low back) combined with preexisting disabilities.
Tedder v. State of Missouri, Department of Corrections(2019)
April 11, 2019#11-056595
The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Deborah Tedder's July 26, 2011 slip and fall injury at the Department of Corrections, which resulted in diagnoses of post-traumatic stress disorder, traumatic brain injury, and post-concussion syndrome. A dissenting opinion argues the employee failed to establish medical causation of psychiatric disability and permanent total disability, citing inconsistencies in testimony and conflicting expert medical opinions.
Winnett v. Builders Bloc(2019)
April 3, 2019#14-089700
The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Archie Winnett for alleged occupational disease of peripheral compression neuropathies affecting his upper extremities. The claim was found not to be compensable as the injury did not arise out of and in the course of employment, resulting in no award of compensation or medical benefits.
Flores v. Quaker Window Products Co.(2019)
April 3, 2019#99-180118
The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying compensation to Teresa Flores against the Second Injury Fund, finding no liability for permanent partial disability or wage loss benefits. Although the employee's amended claim was timely filed based on the addition of new body parts (neck) to the original occupational disease claim, the Commission upheld the denial of benefits.
Flores v. Quaker Window Products Co.(2019)
April 3, 2019#99-180119
The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in this case involving Teresa Flores' claim against Quaker Window Products Co. The claim was previously settled between the employer and insurer, and the Second Injury Fund was found not liable.
Lamb v. FAG Bearings Corporation / Schaeffler Group USA, Inc.(2019)
March 29, 2019#10-113575
The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing compensation for the employee's claim of repetitive trauma to bilateral upper extremities. The Commission rejected arguments that the current occupational disease claim was settled by a prior acute low back injury claim, finding the applicants raised this theory for the first time on appeal without evidence it was presented at the administrative hearing.
Schlereth v. Aramark(2019)
March 29, 2019#14-077190
The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for an employee who sustained hearing loss (ringing in the ears) after being assaulted by a subordinate and falling against a washing machine. Although the injury was found to be compensable and work-related, no compensation was awarded due to the absence of permanent disability.
Schlereth v. Aramark(2019)
March 29, 2019#13-104096
The Commission affirmed the Administrative Law Judge's award denying compensation to James Schlereth for an alleged repetitive trauma occupational disease claim affecting his bilateral upper extremities sustained while working in the laundry. No benefits were awarded despite findings that the injury was compensable under Chapter 287 and met all statutory requirements for workers' compensation.
Chilton v. Productive Staffing, Ajinomoto Windsor Inc.(2019)
March 27, 2019#15-098442
The Missouri LIRC affirmed the Administrative Law Judge's award of workers' compensation benefits to Ronald Chilton for a severe hand and finger injury sustained when his right hand was caught in an industrial dough mixer on December 22, 2015. The Commission found the injury compensable under Missouri law and approved permanent disability benefits for finger amputation and disfigurement along with past medical expenses and temporary disability payments.
Weavers v. Missouri Department of Corrections(2019)
March 27, 2019#16-031643
The Commission affirmed the administrative law judge's decision denying all workers' compensation benefits for a corrections officer's claim of bilateral carpal tunnel syndrome. The court found that the alleged injury did not arise out of and in the course of employment, making it non-compensable under Missouri workers' compensation law.