All Decisions

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Sylvia Llanos for a repetitive strain occupational disease injury to both wrists sustained on June 23, 2003. The Commission approved total compensation of $53,715.16 including medical expenses, temporary and permanent partial disability benefits, and disfigurement compensation.

The Commission modified the administrative law judge's award regarding a right shoulder work injury sustained on January 10, 2007, rating the primary injury at 50% permanent partial disability of the right upper extremity while considering the employee's preexisting left shoulder disability from 1995. The decision addresses permanent total disability, finding that the employee's inability to compete in the open labor market results from a combination of the primary right shoulder injury and preexisting left shoulder disability.

The LIRC affirmed the Administrative Law Judge's award denying workers' compensation benefits to employee Fausto Franco-Lopez, finding he failed to meet his burden of proving Missouri jurisdiction under § 287.110 RSMo. The Commission corrected a factual error in the ALJ's opinion regarding a phone call in Columbia but otherwise upheld the denial of the claim for lack of jurisdiction.

The Labor and Industrial Relations Commission reversed the administrative law judge's award that granted the employee compensation for injuries arising from a nail gun accident and subsequent motor vehicle accident. The Commission found insufficient evidence that the employee was properly hired in Missouri and questioned whether the nail gun injury was the prevailing factor in the subsequent motor vehicle accident.

The Commission modified the administrative law judge's award, finding the employee sustained permanent total disability rather than permanent partial disability resulting from a right wrist and hand work injury. The Commission determined that functional capacity evaluations showing the employee could only work four hours per day, four days per week with high pain levels and significant functional limitations did not support a finding of gainful employment capability.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Gary Grossenbacher for a low back injury sustained on July 21, 2010 while lifting 75-pound log splitter tanks at work. The employee was awarded 13.75 percent permanent partial disability benefits with ongoing payments from the Second Injury Fund.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Rosetta McLeary for a right shoulder injury sustained on November 9, 2007, while working as a patient care technician. The employee was awarded 25% permanent partial disability totaling $32,610.00 in compensation, with liability shared between the employer and the Second Injury Fund.

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits for an employee with bilateral carpal tunnel syndrome, finding that expert medical testimony from a physician regarding permanent partial disability combined with vocational expert testimony regarding inability to compete in the open labor market satisfied statutory requirements. The Second Injury Fund's argument that the employee must provide explicit physician certification of permanent total disability was rejected as an overly restrictive interpretation of the statute.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation to Larry L. Green, finding insufficient evidence that ether exposure caused his unconsciousness and subsequent vehicle accident. The Commission corrected a minor clerical error identifying a physician's name and concluded that Green's heart condition, rather than occupational exposure, was the likely cause of the incident.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Brian Dalton's right shoulder injury sustained on August 27, 2008, while lifting sheet metal that struck a pipe and jerked his arm backward. The employee was awarded 174 weeks of permanent partial disability benefits at 75% permanent disability with unpaid medical expenses of $269.80.

The Commission affirmed the administrative law judge's award of permanent partial disability benefits to employee Gladys Gaeke, who suffered a burst fracture in her thoracic spine, closed head injury, and neck pain from a motor vehicle accident while working as a small farm educational assistant. The Commission rejected the employee's claim for permanent total disability benefits, finding that the employee was able to work full time for more than one year after the accident, demonstrating ability to compete in the open labor market.

The LIRC affirmed the administrative law judge's decision denying workers' compensation benefits to Julia Reno for alleged occupational disease of the back and cervical spine from repetitive heavy lifting, finding she failed to prove causal relationship to her employment. A dissenting opinion argued the evidence supported permanent partial disability awards based on Dr. Volarich's opinion that heavy lifting at the St. Louis plant caused her lumbar and cervical spine conditions.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Lawanda Clark's injuries sustained on September 10, 2009 and November 9, 2009. The employee's compensable injuries to both knees and low back arose out of and in the course of employment, with medical expenses and temporary disability benefits awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to the widow of Joe Lacy for an occupational injury that occurred on or about December 1, 2003, in Dunklin County, Missouri. The decision upheld lifetime permanent total disability benefits to the surviving dependent despite the employee's death being unrelated to the work injury, consistent with Missouri precedent.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Mary Slinkard for a right shoulder and neck injury sustained on September 3, 2009, while carrying mattress tops at Campbell Mattress Company. The Second Injury Fund was found liable for permanent total disability benefits, and the employee received $11,550.06 in temporary total disability compensation plus $105,346.50 in medical aid.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that David D. Phillips' bilateral arm injury sustained while working as a blast furnace operator on August 7, 2011, was compensable under Missouri workers' compensation law. This temporary and partial award is subject to further order, with proceedings remaining open until a final award can be made.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Philip L. Riley, finding the ALJ's decision was supported by competent and substantial evidence. A dissenting opinion challenged the credibility findings regarding the employee's hiring circumstances and jurisdictional basis for the claim.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Angela Miller for her back injury, despite a dissenting opinion arguing that her continued smoking constituted unreasonable refusal of medical treatment. The majority upheld the original award and approval of attorney's fees, though the dissent contended the employee's nicotine use rendered her ineligible for surgery that could reduce her disability.

The Commission affirmed the ALJ's award of workers' compensation benefits for Dennis Leonard's compensable injury on July 9, 2008, but modified the award regarding future medical care direction. The modification clarified that the employer retains the statutory right to select the treating physician, rather than having treatment directed by a specific physician as the ALJ had awarded.

The Missouri LIRC affirmed the administrative law judge's award denying all workers' compensation benefits to claimant Ruben Walker for an alleged injury on January 17, 2002. No compensation was awarded and the claim was determined to be non-compensable under Chapter 287 of Missouri law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Kevin Johnson, a lifeguard, for a front tooth injury sustained on July 16, 2011. The Commission approved compensation totaling $2,071.49 including unpaid medical expenses, permanent partial disability, and disfigurement benefits, with future medical care left open.

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Bobby Cureton for a tripping and falling incident on August 22, 2011, finding the accident did not arise out of and in the course of employment. Although the employer-insurer paid $3,834.21 in medical expenses, no compensation was awarded as the injury was deemed non-compensable under Chapter 287.

The Commission reversed the administrative law judge's decision and awarded compensation for carpal tunnel syndrome to a van driver who worked for Bi-State Development Agency. The employee's occupational disease arose from repetitive work activities including van steering and wheelchair assistance, which were the prevailing factor in developing bilateral carpal tunnel syndrome.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding past medical expenses and future psychiatric treatment for Sandra Rainbolt's work-related injury from January 18, 2009. The Commission determined the employer is not liable for $280 in past psychiatric expenses incurred with Dr. Brockman since the employee selected her own physician without notifying the employer of the need for psychiatric treatment, but clarified the scope of future medical treatment obligations.

The Commission affirmed the Administrative Law Judge's award finding that employee Kenna Morris sustained a compensable low back injury when she fell on hospital stairs on March 20, 2011 while retrieving a patient's cell phone. The employer was ordered to provide medical care and treatment, with this temporary/partial award subject to further modification pending final determination.