All Decisions

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 affirmed the administrative law judge's award allowing workers' compensation to Rodney Roberts for a fall from a 6-foot stepladder in a warehouse that resulted in injuries to his ribs and lungs with 22.5% permanent partial disability. The Commission determined that Charter Communications, Inc. is responsible for paying all awarded benefits after the insurer was found insolvent.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Robert Scola for an alleged neck injury from repetitive flipping of his welding helmet. The injury was found not to have arisen out of and in the course of employment under Missouri law.

The Missouri LIRC modified the administrative law judge's award in this workers' compensation case involving a deceased employee's claim, rejecting the retroactive application of 2005 strict construction amendments. The Commission adopted a 'loading factor' methodology to calculate Second Injury Fund liability for permanent partial disability benefits related to a right shoulder injury sustained in 2002.

The Labor and Industrial Relations Commission modified the administrative law judge's award in this workers' compensation case involving a motor vehicle accident that occurred while the employee was driving an employer-owned vehicle from home to his designated office. The Commission addressed errors in the ALJ's award and clarified the application of Missouri's workers' compensation statute regarding coverage for commuting accidents.

The Labor and Industrial Relations Commission reversed the administrative law judge's denial of workers' compensation benefits, finding that the employee's injury to his right knee sustained from a fall on a snow and ice-covered parking lot arose out of and in the course of his employment under the extension of premises doctrine. The Commission awarded the employee $26,384.56 for past medical benefits, $2,139.20 for temporary total disability benefits, and $7,334.40 for permanent partial disability benefits.

The Missouri LIRC modified the ALJ's award, finding that the employee's work injury on November 17, 2008 was the prevailing factor in causing a herniated disc, urinary incontinence, and aggravating psychiatric conditions, and that the employee is entitled to future medical care and permanent total disability benefits. The Second Injury Fund liability was also addressed on modification.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Robert A. Graham's right shoulder injury sustained on July 30, 1999, while carrying a fan motor at LATCO Contractors Incorporated. The employee settled his case for 10% permanent partial disability of the right shoulder, with the Commission approving the attorney's fee as fair and reasonable.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent partial disability benefits to employee Lois Dampier for a work injury. The Commission found that the employer terminated the employee due to her inability to perform job duties under medical restrictions, and rejected the employee's claim of permanent total disability, finding insufficient evidence of psychiatric disability resulting from the work injury.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation for Matthew Held, a firefighter injured when buried under bricks, stone, and roof material during a building collapse on February 2, 2003. The claimant was awarded permanent total disability benefits along with past medical expenses and temporary disability compensation.

The Commission modified the administrative law judge's award, finding that the employee's right shoulder injury was causally related to his work accident and reversing the denial of compensation for that injury. The Commission also modified findings regarding permanent disability and Second Injury Fund liability based on the employee's work-related injuries from a November 16, 2007 scaffolding fall.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits, finding that the employee failed to meet her burden of proving that her right knee injury arose out of and in the course of her employment. Although the employee's medical expert provided uncontradicted testimony on causation, the Commission determined such testimony was not persuasive and noted that uncontradicted expert testimony does not automatically require a finding in the employee's favor.

The Commission affirmed the administrative law judge's award of workers' compensation for occupational disease tinnitus suffered by employee Gary Lawson after 41 years of industrial noise exposure at Mississippi Lime Company. The Commission rejected the employer's argument that causation opinions must come from physicians, finding the audiologist's expert testimony credible and sufficient to establish work-relatedness of the tinnitus.

The Commission modified the administrative law judge's award in a workers' compensation case involving a February 2006 accident resulting in left foot injury. The decision addressed issues including medical causation, past and future medical expenses, temporary and permanent disability benefits, and application of safety penalties.

The Commission affirmed the administrative law judge's award of permanent total disability benefits to Sandra F. Johnson for a low back strain injury sustained on July 14, 1999. The Court found the employee's condition as of maximum medical improvement supported permanent total disability, and the Second Injury Fund was deemed to have no liability in the matter.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to employee June Davis. The case involved allegations that the employee made threatening statements about bringing a gun to the workplace, which the Commission found to be not credible based on the evidence presented.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for a siding installer who suffered a low back disc injury and torn rotator cuff while picking up a heavy siding brake on January 7, 2000. The employee received permanent partial disability compensation of 30% to the low back and 7.5% to the left shoulder, with the Second Injury Fund liable for 21.625 weeks of benefits totaling $6,552.59.

The Missouri LIRC affirmed the administrative law judge's decision denying the employee's workers' compensation claim against the Second Injury Fund, finding that the employee failed to prove his preexisting right knee condition constituted a hindrance or obstacle to employment. The court determined that despite applying the proper legal standard focusing on synergistic potential for future injury, the employee's credible testimony and the record did not support a finding of serious preexisting disability.

The Commission affirmed the Administrative Law Judge's award denying all workers' compensation benefits to the claimant, finding no compensable injury or occupational disease occurred. No compensation was awarded for medical expenses, disability benefits, or death benefits in this case.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to the claimant, finding that the injury or occupational disease was not compensable under Missouri law. No benefits were awarded in this case involving a deceased employee with a widower as substitute claimant.

The Commission modified the Administrative Law Judge's award regarding the nature and extent of disability resulting from a work injury where the employee suffered a severe comminuted fracture to his dominant right shoulder requiring three surgeries including partial shoulder replacement after falling off a work bench and down a staircase. The Commission disagreed with the ALJ's finding that the employee did not suffer permanent total disability, citing significant injuries and complications from the July 2010 accident.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Ivan Fall for an occupational disease incident occurring on April 11, 2008, that arose out of and in the course of employment. The employee was awarded $4,997.97 in past medical expenses, future medical treatment coverage, and a 15% permanent partial disability award for the body as a whole.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding the nature and extent of permanent disability and Second Injury Fund liability for employee Victor Barnhill. The Commission affirmed temporary total disability benefits from October 4, 2003, to October 11, 2005, but modified calculations for permanent partial disability across multiple body parts (shoulder, lumbar spine, cervical spine).

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Matthew Branson for a right shoulder injury sustained on July 14, 2010, when he slipped on a mat without grips. The claimant was awarded 22.5% permanent partial disability of the right shoulder with compensation payable through the Second Injury Fund in the amount of $10,066.90.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Susan Barton, finding the employer failed to prove the injury was caused by the employee's violation of safety rules. The Commission determined the employee is permanently totally disabled and not employable in the open labor market, rejecting the employer's attempt to reduce compensation based on alleged safety violations.