All Decisions

The Commission modified the administrative law judge's award regarding past medical expenses claimed by employee Joan Bush-Glasby for the period June 1, 2011 through September 1, 2011. The Commission found that the employer had already paid the disputed medical expenses through negotiated discounts, and the employee failed to provide evidence of continued liability for the $187,007.90 in claimed charges.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award and decision dated August 20, 2013, finding the liability determination was supported by competent and substantial evidence and made in accordance with Missouri Workers' Compensation Law. The award is temporary or partial, with proceedings kept open for further determination pending a final award.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Larry Voidanoff's work-related injury to his right lower extremity sustained on May 19, 2005, when his shoe caught in a ladder grate while stocking shelves. The employee was awarded 75% permanent partial disability and permanent total disability benefits of $200.00 per week for life, with the Second Injury Fund assessed for liability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's May 16, 2013 award with modification to add language regarding dependent eligibility under Schoemehl doctrine, finding that the employee's husband Russell Soens was a total dependent at the time of injury. The Commission determined that survivor compensation entitlements may extend to the identified dependent based on the claim's pendency during the relevant statutory period of January 9, 2007 to June 26, 2008.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Dennis F. Schenk for a left shoulder injury sustained in a fall from his truck on September 24, 2009. The employee was found to have suffered 50% permanent partial disability of the left shoulder, with compensation awarded for temporary total disability and medical expenses.

The Labor and Industrial Relations Commission affirmed the administrative law judge's temporary award of workers' compensation benefits to Alan Mortimer for a compensable occupational injury consisting of mild right carpal tunnel syndrome and early cubital tunnel syndrome caused by repetitive assembly work. The Commission found that objective medical evidence, including EMG testing and authorized medical treatment records, supported the finding that the employee sustained a compensable overuse injury requiring additional medical care.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Mary K. Meyer's fall injury sustained on January 22, 2007, at Delmonico's in Cape Girardeau County, Missouri. The employee settled her claim for 25% permanent partial disability of the left hip and 15% permanent partial disability of the left knee, with the Second Injury Fund as an additional party to the case.

The Missouri LIRC modified the administrative law judge's amended award in a workers' compensation case for employee Olga Harris involving a low back injury claim. The Commission clarified issues surrounding temporary total disability benefits and medical causation while affirming the ALJ's determination of 7 weeks and 1 day of temporary total disability after the employer failed to appeal that specific finding.

The Commission reversed the administrative law judge's decision that barred the employee's workers' compensation claim based on lack of proper notice to the employer. The employee, who worked as an office assistant performing data entry for approximately 5-6 hours daily, developed bilateral carpal tunnel syndrome diagnosed in 2011 and underwent bilateral carpal tunnel release surgeries.

The Labor and Industrial Relations Commission reversed the administrative law judge's decision denying workers' compensation benefits to Elizabeth Blake for a neck injury sustained while down-stacking microwave ovens on September 5, 2008. The Commission found that the employee's work-related lifting activities were a triggering factor for her compensable work injury, contrary to the ALJ's conclusion that the claim was not compensable.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Sheri Hill-Wurtz for an alleged back injury that occurred on February 24 or March 3, 2001. The injury was found not to be compensable as it did not arise out of and in the course of employment, and no benefits were awarded.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Laveta J. Van Norman for injuries to her left knee and low back sustained in a workplace fall on December 27, 2009. The claimant was awarded compensation for permanent disability of 25% to the left knee and 12.5% to the body as a whole referable to the low back, with the Second Injury Fund liable for $6,325.60 in benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits for Steven Crossley's right knee injury sustained in a slip and fall accident on July 9, 2010. The claimant was awarded compensation for unpaid medical expenses, temporary total disability, and permanent partial disability of 35% of the right knee.

The Commission reversed the administrative law judge's decision and allowed workers' compensation, finding that the employee sustained a compensable new herniated lumbar disc injury at L3-4 resulting from a work accident, rather than merely an exacerbation of preexisting conditions. The Second Injury Fund was found liable for the employee's permanent partial disability claim.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Ronald Herbert's low back disc injury sustained while driving steel posts into the ground on October 28, 2008. The claimant was awarded 50% permanent partial disability to the low back, with temporary disability compensation of $37,252.87 already paid and permanent total disability benefits from the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Mary Riegel for a right knee injury sustained on May 5, 2010, arising out of her employment. The claimant was awarded 15% permanent partial disability compensation for the right knee in the amount of $8,343.60, with the Second Injury Fund liable for a portion of the award.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for two occupational injuries sustained by Paul J. Kist on March 18, 1999 (back injury) and July 8, 2000 (neck injury) while employed at Mississippi Lime Company. The employee settled for 60% permanent partial disability of the body as a whole for the lumbar spine injury and 10% permanent partial disability of the body as a whole for the cervical spine injury.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Eric Gillespey for a head injury sustained on June 20, 2003, when he was struck by a van door. The claimant was awarded $31,444.11 in total compensation, including unpaid medical expenses, temporary disability benefits, and permanent partial disability benefits of 20% PPD.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits, finding that the employee failed to meet his burden of proof regarding medical causation. The Commission determined that the employee's expert medical opinion lacked persuasive value due to insufficient information about work duties and other relevant factors.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of temporary total disability benefits and medical treatment for an employee who sustained a cervical disc herniation on December 9, 2011. The Commission found the employee's testimony regarding the accident and her injury credible, supported by medical records showing a herniated disc at C5-6 that was not present in prior imaging.

The Missouri Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Craig Wingbermuehle's compensable occupational disease injury occurring on September 16, 2010. The case involved the City of St. Louis as employer and the Second Injury Fund, with all parties having settled.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to employee Lester Barker for a lumbar spine injury sustained on April 5, 2010, while lifting and twisting large drain pipes at work. The employee was found to be permanently and totally disabled due to permanent work restrictions from the back injury combined with illiteracy, entitling him to ongoing compensation and future medical care.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Howard Turner for a left ankle fracture caused by a forklift accident on August 3, 2004. The employee was awarded 179.5 weeks of permanent partial disability benefits at 90% of the 155-week level, plus unpaid medical expenses of $4,974.97.

The Commission affirmed the administrative law judge's award of permanent total disability benefits for a self-employed flooring contractor who suffered a herniated disc in his low back while lifting a vacuum cleaner from his truck on June 7, 2005. The employee is entitled to weekly compensation of $666.67 beginning October 1, 2008, for his lifetime.

The LIRC affirmed the administrative law judge's award of 15% permanent partial disability of the left foot, but modified the Second Injury Fund liability calculation to include a preexisting low back condition in addition to the cervical spine and left foot conditions pursuant to the Witte ruling. The modification resulted in increased Fund liability of $10,710.31 representing combined preexisting and primary injury disabilities at a 20% load factor.