All Decisions

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Eric Hartman for a back injury sustained on January 13, 2012, when he slipped on ice after being fired. The claimant was awarded $398,947.97 in total compensation, including unpaid medical expenses, temporary disability benefits, and permanent partial disability benefits of 60% of the body as a whole.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Conrad Priest for a right knee injury sustained on August 16, 2011, while changing machine parts at Piramal Glass. The injury, which occurred when the employee heard and felt a loud pop in his right knee while working, was found to be compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Michael Curbow for a low back injury sustained when he slipped and fell on ice at work on January 11, 2010. The claimant was awarded 12.5% permanent partial disability benefits, with the Second Injury Fund liable for 14.5 weeks of compensation totaling $6,133.07.

The Commission modified the administrative law judge's award, affirming the compensability of the employee's work injury and the stipulated temporary total disability benefits of $49,656.70 for the period June 16, 2011 through August 21, 2012. The Commission declined to disturb the award on grounds not at issue and addressed discrepancies regarding past medical expenses documentation.

The LIRC affirmed the administrative law judge's decision denying workers' compensation benefits to employee Gregory Byrd, finding he failed to prove he sustained an injury by accident arising out of and in the course of his employment. The Commission concluded that Byrd's fall from a Hyster forklift was at least equally likely caused by an idiopathic syncopal event unrelated to employment rather than a battery failure as claimed.

The Commission modified the ALJ's award, finding that the employee's left shoulder injury alone did not cause total disability, as the employee had multiple prior work-related injuries (ankle, knees, neck, right shoulder, and lower back) that collectively contributed to his condition. The Commission applied the Second Injury Fund statute, recognizing that the employee's preexisting permanent partial disabilities constituted a hindrance to employment, with the primary shoulder injury being the cause of additional disability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Hugh David Smith's work-related injury sustained on October 17, 2008. The Commission affirmed the denial of future medical treatment for ongoing aqua-therapy, finding insufficient evidence that the employee's need for such treatment persisted beyond the medical opinion issued four years prior to trial.

The Commission affirmed the administrative law judge's award allowing compensation to employee Renee Cummins for a work-related injury. The employer's attempt to reduce compensation under a safety penalty provision failed because the employer could not prove the employee had actual knowledge of the alleged "one-door process" safety rule.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for a 2007 left knee injury, correcting clerical errors in the calculation of Second Injury Fund liability by applying a 2.5% load factor rather than 15%. The Commission rejected the employee's argument that a 15% enhancement factor should apply, finding the administrative law judge's discretionary use of the 2.5% load factor was well-supported and consistent with the final award of 5.65 weeks of permanent partial disability.

The Commission affirmed the administrative law judge's denial of workers' compensation benefits to an assistant manager who claimed a psychiatric injury resulting from an armed robbery where a gun was pointed at her head. The court found that the employee failed to present credible expert medical testimony establishing that the robbery was the prevailing factor causing her psychiatric injury, as required under Missouri law.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to employee Kimberly Griggs for a motor vehicle accident while operating a tractor-trailer on Interstate 44 that resulted in strains, sprains, and contusions to her lumbar and cervical spine. The employee was awarded 7.5% permanent partial disability (30 weeks) with a weekly compensation rate of $463.36 for temporary total disability and $425.19 for permanent partial disability.

The Missouri Court of Appeals reversed the Commission's initial denial of compensation, finding the denial unsupported by competent and substantial evidence. Upon remand, the Commission issued a final award allowing compensation for the employee's work-related injuries, accounting for preexisting conditions including shoulder surgery, leg fractures from a fall, and hearing loss.

The Commission reversed the Administrative Law Judge's decision that the employee was permanently and totally disabled from the primary injury alone, finding instead that the employee had significant preexisting conditions including poor vision, depression, and carpal tunnel syndrome that must be considered. The Commission allowed compensation while addressing the Second Injury Fund liability based on the cumulative effect of preexisting and work-related disabilities.

The Commission modified the administrative law judge's award regarding Second Injury Fund liability for a worker injured on June 16, 2003, while assisting in patient movement. The employee, who had multiple preexisting back injuries totaling 30% permanent partial disability, suffered a left shoulder traction injury and severe aggravation of her low back condition.

The Commission affirmed the administrative law judge's decision denying workers' compensation to a sheriff's deputy who fell down stairs, finding his testimony about a radio dispatch causing the fall not credible based on lack of mention in medical records. The dissenting opinion argued the employee's sworn testimony should be weighted more heavily than medical documentation and that the absence of dispatch information in records does not impact credibility.

The Labor and Industrial Relations Commission affirmed the administrative law judge's amended award allowing workers' compensation benefits for Harold E. Reeves for a permanent total disability injury. Reeves suffered a fall down stairs while carrying pitching nets at work on August 28, 2008, resulting in back and neck injuries.

The LIRC reversed the administrative law judge's denial of benefits after the Missouri Court of Appeals remanded the case, finding that the employee's August 5, 2007 fall from a railcar arose out of and in the course of employment. The Second Injury Fund was found liable for permanent partial disability benefits of approximately 15% to the upper right extremity and 13% to the body as a whole for cervical and thoracic spine injuries.

The Missouri Court of Appeals for the Eastern District remanded this case requiring modification of the October 2, 2013 award to establish that the employee's spouse Christine George is entitled to receive permanent total disability benefits if the employee predeceases her while married. The LIRC modified its award to include findings regarding the employee's marital status and spousal dependency, with the Commission retaining jurisdiction over the award for the lives of both the employee and spouse.

The Commission awarded permanent total disability benefits to Larry Abt from the Second Injury Fund, along with permanent partial disability benefits from his employer for injuries to his left lower extremity, ribs, and lumbar spine sustained in 2001. The award was issued in compliance with a Missouri Court of Appeals mandate requiring calculation of liability between the employer and Second Injury Fund, and included reimbursement for past medical expenses.

The Commission affirmed the administrative law judge's award requiring the employer to provide future medical treatment for the employee's work-related low back injury and radicular symptoms, including medications, physical therapy, and pain clinic procedures as recommended by medical experts. The Commission rejected the employer's argument that medical treatment decisions should be left solely to the employer's selected physicians, finding sufficient evidence that the recommended treatments may reasonably be required to cure and relieve the effects of the injury.

The Commission modified the Administrative Law Judge's award, finding that the employer did not defend the claim without reasonable ground and therefore is not liable for costs and attorney's fees under § 287.560 RSMo. The case involved a disputed work injury claim where initial medical records suggested the employee injured his left hand in a car door rather than in a machine at the employer's client's premises as claimed.

The Commission modified the Administrative Law Judge's award, increasing the permanent partial disability rating for the employee's right ankle injury from 7.5% to 25% of the right lower extremity at the 155-week level, resulting in $13,650.46 in benefits. The Commission found that medical records and credible employee testimony supported a higher disability rating, contrary to the employer's expert opinion that the ankle had returned to normal.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for a claimant who fell off a ladder and injured her left wrist on August 16, 2008. The claimant was awarded permanent partial disability benefits (50% disability) and permanent total disability benefits payable for her lifetime, with the Second Injury Fund assuming liability for a portion of ongoing benefits.

The Commission reviewed three workers' compensation claims filed by employee Billy Tabor after an administrative law judge failed to act on remand orders issued over one year prior. The Commission found the administrative law judge violated judicial conduct standards by failing to promptly dispose of the matters and proceeded to review the merits despite the procedural failure.

The Labor and Industrial Relations Commission reversed the Administrative Law Judge's three awards denying compensation after the judge failed to act on remand orders for over a year. The Commission conducted a de novo review and issued a Final Award allowing compensation due to the judge's failure to comply with statutory duties and judicial conduct requirements.