OTT LAW

Filtered Decisions

75 decisions matching filters

Smith v. Reliable Life Insurance Company(2021)

March 22, 2021#16-035534

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of 12% permanent partial disability for a lumbar spine injury sustained on May 17, 2016. The Second Injury Fund was found to have no liability because the employee failed to demonstrate preexisting disabilities meeting the statutory definitions required under § 287.220.3(2)(a).

back11,317 words

Brummett v. Dish Network Corporation(2021)

March 19, 2021#15-067455

affirmed

The LIRC affirmed the ALJ's temporary or partial award finding that the employee's December 5, 2018 work injury arose out of and in the course of employment and was causally related to his claimed cervical spine injuries. The majority determined the award was supported by competent and substantial evidence, though a dissenting member argued the injury merely triggered a preexisting degenerative disc disease condition.

cervical/neck6,673 words

Wilson v. Jack's Truck Rental Inc.(2021)

March 19, 2021#15-036120

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to William Wilson for his November 8, 2017 right foot injury. One commissioner dissented, arguing that the employee's preexisting disabilities and cardiovascular condition should have qualified him for benefits from the Second Injury Fund under § 287.220.3.

foot4,349 words

Weibrecht v. Gilster-Mary Lee Corporation(2021)

March 11, 2021#16-063011

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to employee Gary M. Weibrecht, finding the denial was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law. The Commission also affirmed the denial of the employee's post-trial motions seeking to reopen the record and submit additional medical evidence.

8,037 words

Krysl v. Veiled Prophets of St. Louis(2021)

March 10, 2021#13-104992

dismissed

The Missouri Court of Appeals reversed and remanded the Commission's award of permanent partial disability benefits to allow the Second Injury Fund to challenge whether the employee's preexisting diabetes qualified as a compensable preexisting condition under § 287.220.2. The Commission's final award denies compensation after finding the preexisting disability did not meet statutory requirements for Second Injury Fund liability.

occupational disease11,399 words

Southerland v. Boone Co. Equipment/Henderson Equipment(2021)

February 25, 2021#11-073978

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to employee Dwayne Southerland for his September 6, 2011 shoulder injury. One commissioner dissented, arguing the Second Injury Fund should be liable for permanent total disability resulting from the combination of the primary injury and pre-existing conditions.

shoulder4,677 words

Smith v. Lester E. Cox Medical Centers(2021)

February 24, 2021#17-011723

affirmed

The Commission affirmed the Administrative Law Judge's decision denying compensation to Patricia Smith for injuries sustained in a slip-and-fall incident on February 21, 2017, finding the injury did not arise out of and in the course of employment. A dissenting opinion argued the employee's testimony regarding a slippery buffed and polished floor was credible and sufficient to establish a compensable work injury.

slip and fall4,988 words

Smith v. Lester E. Cox Medical Centers(2021)

February 24, 2021#17-027020

affirmed

The Missouri LIRC affirmed the Administrative Law Judge's denial of workers' compensation benefits for Patricia Smith's fall at Lester E. Cox Medical Centers, finding the injury did not arise out of and in the course of employment. One commissioner dissented, arguing the employee's slip on a buffed and polished floor was a compensable work injury supported by circumstantial evidence.

slip and fall4,865 words

March v. Milbank Manufacturing Company(2021)

February 23, 2021#15-088007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying compensation, finding that the evidence did not support the employee's claim for Second Injury Fund liability despite preexisting conditions including carpal tunnel syndrome and hand surgery from his prior work as a meat cutter. The decision upheld the denial of workers' compensation benefits in this settled matter between the employee and employer/insurer.

carpal tunnel6,307 words

Satterfield v. Timken SMO, LLC(2021)

February 22, 2021#17-011298

affirmed

The Commission affirmed the administrative law judge's award allowing workers' compensation for employee Martha Satterfield's work-related injuries to her abdomen and right foot. One commissioner dissented, disagreeing with the interpretation that the employee failed to establish liability against the Second Injury Fund for permanent total disability.

multiple10,095 words

Zeschke v. Missouri Department of Corrections(2021)

February 22, 2021#09-022905

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying compensation to Judy Zeschke for her workers' compensation claim involving a March 31, 2009 ankle injury and pre-existing carpal tunnel syndrome. One commissioner dissented, arguing that the Second Injury Fund should be liable for permanent partial disability based on the synergistic effects of the employee's multiple pre-existing conditions combined with the ankle injury.

carpal tunnel2,964 words

Satterfield v. Carlisle Transportation Products, LLC(2021)

February 22, 2021#15-104637

affirmed

The Commission affirmed the administrative law judge's award allowing workers' compensation for Martha Satterfield's work-related injuries to her abdomen and right foot. One member dissented, arguing the judge applied too narrow an interpretation of Second Injury Fund liability by not considering the combined effect of multiple preexisting conditions with the subsequent work-related injuries.

abdomen and foot9,969 words

Chambers v. City of Galena(2021)

February 22, 2021#15-088178

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to James Chambers, finding he was not permanently and totally disabled despite physical impairments. One commissioner dissented, arguing the employee could not compete in the open labor market given medical restrictions requiring periodic rest.

5,934 words

Marberry v. Alan Marberry(2021)

February 19, 2021#15-083958

affirmed

The Commission affirmed the administrative law judge's award denying workers' compensation benefits in a case involving a 2015 injury with preexisting conditions. One commissioner dissented, arguing that the employee's preexisting disabilities combined with the subsequent injury should qualify for Second Injury Fund liability for permanent total disability benefits.

shoulder4,177 words

Cox v. Missouri Department of Corrections(2021)

February 19, 2021#15-015561

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Ronald Cox for a work-related injury sustained on March 13, 2015. One commission member dissented, arguing the award should be modified to reflect only a 4% permanent partial disability based on objective medical evidence.

occupational disease6,646 words

Polston v. State of Missouri, Fulton State Hospital(2021)

February 11, 2021#15-013956

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation to Tamara Polston for a March 10, 2015 left knee injury sustained when a psychiatric client kicked her. The ALJ found that employee failed to meet the requirements for Second Injury Fund compensation, as she was not permanently and totally disabled and her preexisting psychiatric condition did not aggravate the knee injury.

occupational disease6,205 words

Polston v. State of Missouri, Fulton State Hospital(2021)

February 11, 2021#14-078566

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits, finding that the employee was not permanently and totally disabled from the October 2014 work injury alone or in combination with preexisting conditions. The Second Injury Fund was found to have no liability as the employee failed to meet the statutory requirements for permanent total disability benefits under Missouri law.

5,889 words

Merida v. AJM Packing Corporation(2021)

February 9, 2021#13-095197

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's October 29, 2019 award denying workers' compensation benefits in this case. The claimant Telma Merida's claim for injury no. 13-095197 sustained on August 1, 2013 was found to be unsupported by competent and substantial evidence.

8,529 words

Merida v. AJM Packing Corporation(2021)

February 9, 2021#12-040405

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of compensation for employee Telma Merida. The decision was made on February 9, 2021, finding the ALJ's award was supported by competent and substantial evidence.

8,561 words

Humphrey v. Ruan Logistics Corporation(2021)

February 5, 2021#12-078153

modified

The Labor and Industrial Relations Commission modified the administrative law judge's award, increasing past medical expenses from $6,711.65 to $7,597.88 based on the parties' stipulation. The Commission affirmed the judge's conclusions on liability for the September 6, 2012 workplace injury and ordered payment of medical bills to Freeman Health System and the employee.

8,802 words

Austin v. AM Mechanical Services(2021)

February 3, 2021#11-112011

affirmed

The Missouri Court of Appeals reversed the Commission's initial decision, and upon remand, the Commission affirmed that the employee's Kansas workers' compensation settlement validly barred him from pursuing a Missouri claim for the same March 10, 2011 workplace injury. The Commission found no fraud or duress in the Kansas settlement and upheld the employee's voluntary waiver of his right to pursue claims in other jurisdictions.

occupational disease11,585 words

Lynch v. Anheuser Busch Companies, Inc.(2021)

February 2, 2021#09-03948509-101188

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Mark Lynch for his January 15, 2009 occupational disease claim, finding no permanent and total disability despite the employee's carpal tunnel and tinnitus injuries. One commissioner dissented, arguing the evidence supported a finding of permanent and total disability based on the synergistic combination of the work-related occupational disease and pre-existing conditions, and that the Second Injury Fund should be liable.

occupational disease15,160 words

Phelps v. Gideon 37 School District(2021)

January 25, 2021#16-025639

affirmed

The Commission affirmed the Administrative Law Judge's denial of the employee's Second Injury Fund claim, finding that the employee failed to demonstrate a qualifying preexisting disability that combined with his primary left shoulder injury to result in permanent total disability. The Court rejected the employee's reliance on Parker, noting that subsequent appellate decisions specifically endorsed the Commission's denial methodology requiring consideration of only a single preexisting disability in combination with the primary injury.

shoulder10,609 words

Paxton v. Little Sisters of the Poor(2021)

January 5, 2021#14-001314

modified

The Commission modified the administrative law judge's award regarding post-injury misconduct and temporary total disability benefits in a workers' compensation case involving a registered nurse injured on January 11, 2014. The employee was awarded permanent partial disability benefits for both a left ankle peroneal nerve injury and right elbow olecranon bursitis with MRSA, though the Commission addressed employer's misconduct allegations.

multiple - ankle and elbow17,987 words

Caldwell v. Unilever USA, Inc.(2021)

January 5, 2021#17-070606

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that Carol Caldwell's left index finger injury sustained on August 20, 2017, was compensable under Missouri workers' compensation law. The award is temporary and partial, with the case remaining open for further proceedings regarding final compensation determinations.

finger7,835 words