All Decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Ahdenah Fulcher-Tate for an alleged low back injury sustained while moving furniture during a contraband search on July 30, 2000. The Commission found that the injury did not arise out of and in the course of employment and therefore was not compensable under Missouri law.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits for an employee whose right hand became trapped in a gizzard machine at a poultry processing facility on August 7, 2009. The employee was awarded permanent total disability benefits beginning December 31, 2009, payable at $245.71 per week for the remainder of his lifetime.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Patricia Thomas, finding that no compensable injury or occupational disease occurred. The decision determined that the alleged injury did not arise out of and in the course of employment, and therefore no compensation was awarded.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Walter Kramer for injuries to both shoulders sustained in a fall down stairs on April 17, 2008. The employee was awarded permanent partial disability benefits of 16% to each shoulder and permanent total disability benefits from the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing compensation for Anne Poole's injuries sustained in a motor vehicle accident on June 7, 2010, while returning to her employer's premises. The Commission concluded that the employee's injuries arose out of and in the course of employment under Missouri workers' compensation law, satisfying the causal connection test required by § 287.020.3(2) RSMo.

The Missouri Court of Appeals affirmed in part and reversed and remanded the Commission's award, directing recalculation of Second Injury Fund benefits to exclude preexisting thumb disability and scarring. The Commission recalculated benefits and awarded the Second Injury Fund liability of $10,333.41 in permanent partial disability benefits based on 297.75 weeks of combined preexisting and primary injury disabilities.

The Missouri LIRC modified the administrative law judge's award in a workers' compensation case involving employee Tonya Huff and employer The Jones Financial Companies LLP, with the primary dispute concerning the proper application of employer's subrogation credit from third-party recovery against past-due compensation. The Commission addressed how the employer's credit under § 287.150 RSMo should be applied, specifically whether it should offset past-due benefits or be treated as an advance payment against future compensation installments.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to employee Ross E. Lawrence. While the Commission expressed concerns about the ALJ's decision to quash the employee's corporate designee subpoena, it determined that the resulting award would not have differed even if the subpoena had been granted.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Timothy R. Parker for occupational asthma caused by chemical exposure at his workplace on March 3, 2009. The employee was awarded 25% permanent partial disability of the body as a whole, with total compensation of $38,700.00 plus future medical benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent and total disability benefits to Sandra Mazzocco for a compensable occupational disease that occurred on January 10, 2000, while employed by the Department of Elementary and Secondary Education. The employee is entitled to weekly compensation of $578.48 beginning December 27, 2005, with medical expenses totaling $302,706.07 already paid by the insurer.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Eleanora Breese for bilateral carpal tunnel syndrome developed from repetitive data entry work. The claimant received permanent partial disability settlement and permanent total disability benefits from the Second Injury Fund beginning May 11, 2006.

The Commission modified the ALJ's award and granted permanent total disability benefits against the Second Injury Fund, finding that the claimant's combination of work-related back injury and pre-existing back condition rendered him unable to secure and sustain gainful employment. The Commission affirmed the ALJ's award in all other respects and approved the attorney's fees as fair and reasonable.

The Commission modified the Administrative Law Judge's award, finding the employee credible regarding her work-related back and neck injury and rejecting the judge's credibility concerns. The decision addresses permanent partial disability benefits considering the employee's preexisting 12.5% disability condition related to cancer and chronic pain.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Larry Burnam for a low back injury sustained on June 11, 2008, while performing maintenance work on an MRI chiller unit. The employee was awarded permanent partial disability benefits, temporary total disability benefits, and reimbursement for medical expenses totaling over $53,000.

The Labor and Industrial Relations Commission modified the administrative law judge's May 6, 2013 award, concluding that the employee sustained permanent total disability as a result of the January 16, 2008 injury. The Commission simultaneously reversed the award of permanent total disability benefits against the Second Injury Fund in the companion case (Injury No. 10-075527).

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Connie D. Miles for a work-related left knee injury, finding the award supported by competent and substantial evidence. The decision addresses the liability of the Second Injury Fund for permanent partial disability benefits, with the employee having suffered left knee injuries in 1993 and 1996 prior to the primary injury at issue.

The Commission affirmed the Administrative Law Judge's award of permanent partial disability benefits from the Second Injury Fund, rejecting the employee's appeal for permanent total disability benefits. The court found that while the employee is permanently and totally disabled, he failed to prove that his total disability resulted solely from the work-related injury combined with preexisting conditions, as subsequent injuries and conditions could not be attributed to the May 8, 2000 work injury.

The Commission affirmed the administrative law judge's award of permanent total disability benefits to David Robben from the Second Injury Fund, finding that his disability resulted from a combination of his primary 2004 low back injury and preexisting 2002 low back injury and surgery. The Commission rejected the Second Injury Fund's argument that the disability stemmed solely from the primary injury, finding credible evidence that Robben's need to rest in a recumbent position during the day renders him unable to compete in the open labor market.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent partial disability benefits from the Second Injury Fund, rejecting the employee's argument that he was permanently and totally disabled. The Commission found the vocational expert's testimony unpersuasive and concluded that the employee was capable of performing substantial gainful employment.

The Commission affirmed the Administrative Law Judge's denial of the employee's claim for permanent partial or permanent total disability benefits from the Second Injury Fund. The employee failed to meet his burden of proving sufficient credible evidence of preexisting conditions that would constitute a hindrance to employment at the time of the primary work injury.

The Missouri LIRC affirmed the administrative law judge's award allowing workers' compensation benefits to Jon David Barnhill for injuries sustained in a 1996 motorcycle accident while employed by Allied Kansas City. The Commission issued supplemental affirmative findings of fact to address the Second Injury Fund's challenge regarding permanent total disability benefit liability.

The Commission reversed the administrative law judge's award that found the employee sustained a compensable back injury on July 14, 2010, while working for FedEx Ground and awarded temporary total disability benefits. The reversal was based on challenges to the findings regarding whether an accident occurred and medical causation for the back injury.

Employee Glenda Hunter slipped and fell on ice in the employer's parking lot while returning from a smoke break on February 28, 2013, suffering injuries to her right lower extremity and back. The Division of Workers' Compensation awarded temporary benefits for medical treatment including MRI scans, pain management, physical therapy, and psychological evaluation, finding the injury compensable as arising out of and in the course of employment.

The Commission modified the ALJ's award regarding a workers' compensation claim for Tina Collins involving a December 15, 2001 work-related injury to her back and SI joint, with a preexisting dysthymic disorder that was aggravated by the accident. The employee was awarded permanent partial disability benefits totaling 27.5% of the body as a whole, with the Second Injury Fund held liable for a portion of the benefits.

The LIRC modified the administrative law judge's decision and awarded permanent total disability compensation to Kevin Phillips, finding credible the psychiatrist's testimony that Phillips is permanently and totally disabled due to a combination of preexisting disabilities and work-related injuries. The Commission disagreed with the ALJ's rejection of expert testimony, finding that Dr. Liss's uncontradicted opinion, supported by Phillips's testimony about his limited work history and inability to perform prior physical job duties, established permanent total disability.