All Decisions

The Commission affirmed the administrative law judge's finding of 25% permanent partial disability of the left upper extremity (elbow) but disagreed with the finding that employee had a preexisting permanent partial disability of the low back, finding insufficient evidence that the back condition constituted a hindrance to employment prior to the 2004 elbow injury. The Commission concluded employee is permanently and totally disabled as a result of the combination of her primary elbow injury and other preexisting disabilities.

The Labor and Industrial Relations Commission modified the administrative law judge's decision to find that the employee sustained permanent total disability rather than 50% permanent partial disability resulting from a work injury. Beginning September 15, 2010, the employer is liable for weekly permanent total disability benefits at the rate of $344.19 for the employee's lifetime.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for an employee who developed dermatitis in his right hand from work involving wood staining with sprayers in 2006. The commission found the award supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Richard L. Meyer, a carpenter who suffered a torn anterior cruciate ligament to his right knee while lifting plywood. The claimant was awarded 37.5% permanent partial disability benefits, with the Second Injury Fund providing permanent total disability benefits.

The Commission affirmed the Administrative Law Judge's amended award allowing workers' compensation benefits to Ralph Shelton for injuries sustained in a fall from a 25-foot guard tower on September 13, 2007. The employee was awarded permanent partial disability of $80,982.72 from the employer and permanent total disability benefits from the Second Injury Fund at $361.53 per week beginning June 13, 2012.

The Missouri Court of Appeals reversed the Commission's denial of workers' compensation, finding the Commission applied an incorrect standard for causation in a blood-borne pathogen exposure case. The Commission on remand issued this final award allowing compensation to the widow of a lab technician who was exposed to blood and body products during his 37-year employment without proper safety precautions.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for Robert Dungan, who fell on ice on December 18, 2008, while employed by Fuqua Homes, Inc. No compensation was awarded because the claim was not filed within the time required by law, despite the accident arising out of and in the course of employment.

The Labor and Industrial Relations Commission modified the administrative law judge's award, finding that the employee sustained a work-related lumbar sprain but denying claims for myofascial pain syndrome, psychiatric injury, and permanent total disability. The employee was awarded 10% permanent partial disability referable to the lumbar spine with an overpayment credit of $1,157.47, and the Second Injury Fund was found to have no liability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Norman Ott for a right shoulder injury sustained on April 30, 2008, while lifting a box overhead at Government Employees Hospital. The claimant was awarded 15 percent permanent partial disability to the right shoulder with compensation of $6,024.92 from the employer/insurer.

The Commission affirmed the administrative law judge's denial of workers' compensation benefits for Mary Compton (deceased), finding that her claim was barred by the two-year statute of limitations under Missouri law. The employee's April 2007 workplace injury claim was not filed until January 2012, well beyond the statutory deadline, and subsequent medical treatment at an employer clinic in 2010 did not toll the statute of limitations.

The Missouri Court of Appeals reversed the LIRC's initial award allowing compensation, and the LIRC issued a final award denying the employee's claim for workers' compensation benefits. The employee failed to provide timely written notice of her January 29, 2010 work-related right knee injury within the statutory 30-day requirement and could not prove the employer was not prejudiced by the delay.

The Missouri LIRC affirmed the Administrative Law Judge's award of workers' compensation benefits to David Groves for a permanent total disability resulting from a heavy equipment driving accident on October 17, 2005, in Jasper County. The award includes permanent partial disability compensation of $85,574.75, disfigurement benefits, and medical expenses totaling $337,982.69, with the Second Injury Fund liable for the permanent total disability differential.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for an employee who sustained a right knee injury while performing duties as a correctional officer at a jail facility. The Commission found that the employee met her burden of proof on medical causation, rejecting the Second Injury Fund's argument that the condition resulted from preexisting degenerative disease rather than the traumatic twisting injury that occurred on September 5, 2009.

The Commission affirmed and modified the administrative law judge's award, finding that Alice Shelton, the surviving widow of Robert Shelton who sustained a work injury on March 11, 2003, is entitled to permanent total disability benefits and weekly compensation from the Second Injury Fund. The Second Injury Fund appealed the award of the two-year lump sum bonus payment and the permanent total disability benefits to the surviving spouse.

The Missouri LIRC reversed the administrative law judge's award that found the employee permanently and totally disabled from an October 2008 occupational disease injury to the left wrist combined with preexisting conditions, and denied Second Injury Fund liability. The employee, a 60-year-old bricklayer with over 40 years of experience and a prior history of back, shoulder, and wrist injuries, was found to have sustained a 14% permanent partial disability of the left wrist but did not meet the criteria for permanent total disability.

The Commission modified the administrative law judge's award, finding that the employee sustained a 70% permanent partial disability of the right hand rather than deferring assessment pending prosthetic use. The case addresses medical causation, liability for medical expenses including psychiatric care, and entitlement to a prosthetic device and future treatment.

The Commission affirmed the ALJ's award finding Martin George permanently and totally disabled from a work-related lumbar spine injury sustained on April 22, 2008, in combination with pre-existing conditions. The decision corrected pronoun inconsistencies in the original award while upholding the finding that claimant was unemployable on the open labor market and unable to perform more than sedentary work.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for Herbert Schnell's occupational injury sustained on February 4, 2004. The claimant was awarded permanent total disability benefits from the Second Injury Fund after falling on ice at work, injuring both shoulders and his cervical spine.

The Labor and Industrial Relations Commission affirmed the administrative law judge's temporary or partial award finding that claimant Melvin Thomas sustained a compensable low back injury on September 23, 2011, when he lifted a box at work. The case remains open for further proceedings to determine final compensation for temporary disability and future medical expenses.

The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for an employee injured in a truck accident on March 23, 1996, in South Dakota, ruling that the injury did not occur 'under the Law' of Missouri despite arising out of and in the course of employment. Although temporary disability payments of $28,403.75 and medical aid of $24,984.15 had been provided and later settled, no additional compensation was awarded.

The Missouri LIRC affirmed the Administrative Law Judge's award of permanent total disability benefits to Sylvester Lewis, rejecting the Second Injury Fund's argument that permanent total disability benefits should be denied during periods when the employee received unemployment compensation. The court held that strict construction of the workers' compensation statute does not allow for such a credit, as the statute contains no language authorizing the denial of benefits based on concurrent unemployment compensation receipt.

The Commission affirmed the administrative law judge's award allowing workers' compensation for an occupational disease affecting the employee's bilateral upper extremities, finding credible testimony that the condition was work-related and that the employee is unable to compete in the open labor market. The employer is liable for temporary total disability benefits based on the employee's physical condition and inability to work.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Kenneth Siculan for a right knee injury sustained on July 21, 2009, when his foot slipped off a curb while performing work duties. Medical evidence established that the workplace accident was the prevailing factor causing internal derangement of the right knee including a torn medial meniscus with 25% permanent partial disability.

The Labor and Industrial Relations Commission modified the administrative law judge's award, approving a compromise settlement between the employer and employee while addressing Second Injury Fund liability for a work-related lumbar spine injury. The employee, who had preexisting conditions affecting her bilateral upper extremities and left shoulder from prior workers' compensation claims, was found to have suffered a sprain/strain injury related to the work accident with resulting permanent partial disability.

The Commission reversed the administrative law judge's decision denying a workers' compensation claim, finding that the employee suffered a compensable accident on August 2, 2011, during an altercation with his supervisor. The decision rejected the ALJ's finding that the employee was the aggressor, noting the supervisor's history of initiating verbal and physical confrontations with subordinates.