All Decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Ronald McKinley for bilateral DeQuervain's syndrome and trigger fingers developed during his employment as a glazer. The Commission awarded $7,890.87 in compensation based on 27 percent permanent disability to the body as a whole, with the Second Injury Fund liable for the claim.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Gary Short's work-related right hip fracture and replacement surgery. The Commission found the award supported by competent and substantial evidence, though a dissenting opinion argued the decision should be modified based on concerns about causation regarding depression and sciatica claims.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits for an employee's claimed occupational disease low back injury, finding the employer's medical expert credible and persuasive. The Commission clarified that while traumatic events are not required to prove causation in occupational disease low back claims, the evidence in this case did not support the employee's claim for compensable injury.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Jerry Taylor's right knee injury sustained while loading a milk truck on March 19, 2009. Benefits include 60 weeks of permanent partial disability (25% PPD) and permanent total disability benefits from the Second Injury Fund, with the claim being fully compensable under Missouri workers' compensation law.

The Commission modified the Administrative Law Judge's award regarding whether Schoemehl v. Treasurer of State applies to entitle the employee's wife to permanent total disability benefits upon his death from non-work-related causes. The case addresses whether the legislative abrogation of Schoemehl on June 26, 2008 retroactively precluded benefits for a claim filed after that date but with an injury occurring before the abrogation.

The Commission reversed the administrative law judge's denial of workers' compensation benefits for an occupational disease claim by Ricky Blanchard, who worked as a shipping supervisor at Staples for 23 years. The reversal was based on findings that the ALJ failed to properly understand the extent of the employee's hand activities at work and incorrectly weighed expert medical opinions regarding causation.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing permanent partial disability compensation to Joan Cassell for bilateral carpal tunnel syndrome developed from repetitive work duties, with benefits enhancement against the Second Injury Fund. The Commission found the award was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law, despite a dissenting opinion arguing insufficient evidence of synergistic disability combination.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying additional compensation for Injury No. 03-042115, finding the employee did not sustain permanent disability, temporary total disability after June 1, 2003, or need for future medical care. The case involved two separate injury numbers heard together, with the Commission issuing separate awards for clarity.

The Missouri LIRC affirmed an administrative law judge's award allowing workers' compensation for an employee's right knee injury sustained in a fall, with the Second Injury Fund liable for permanent partial disability benefits. The employee's claim was based on the theory that his knee injury combined synergistically with preexisting permanent partial disabilities of his thoracic and cervical spine.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Tammy Moore Ransdell for a low back injury sustained on February 26, 2008, while employed by Randolph County. The award includes $48,000 in compensation (25% permanent disability plus 100 weeks of temporary total disability) and $130,574 in medical expenses.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Karen Jones for a left knee injury sustained on July 26, 2005, when she slipped and twisted her knee while stepping onto a cashier podium during her employment as a gas station cashier. The award includes permanent and total disability compensation of $271.79 weekly for life beginning September 6, 2006, plus future medical care for the left knee.

The Labor and Industrial Relations Commission affirmed the administrative law judge's temporary or partial award in a workers' compensation case involving Barbara Simmons, a billing specialist at Mercy Hospital St. Louis who suffered a right proximal humerus fracture when she fell on a linoleum floor while walking to an elevator. The case remains open for further proceedings to determine a final award.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Donald Brandenburg for injuries sustained when an ambulance he was working in was struck by another vehicle on July 17, 2004. Brandenburg was awarded permanent partial disability benefits (60% of body as a whole) and permanent total disability benefits from the Second Injury Fund.

The Commission affirmed the Administrative Law Judge's award of compensation for Linda Dorris's shoulder injury sustained when she tripped and fell on a street while walking between office locations during employment-related activities. The injury was determined to arise out of and in the course of employment because the employee had direct and greater exposure to the specific risk of tripping on poor pavement in the direct path between workspaces.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation, finding that collateral estoppel did not apply and that Gregory and Toni Palm were not employers under Missouri workers' compensation law. Joseph Hamilton failed to establish an employment relationship with the homeowners for a residential roofing and barn improvement project.

The Commission affirmed the Administrative Law Judge's award of workers' compensation to Michelle Belt for a low back injury and psychiatric conditions sustained on January 5, 2008, while transferring a patient as a patient care associate. The award included temporary total disability payments, permanent partial disability compensation of 180 weeks, and approved attorney's fees.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Shane Null's work-related low back compression fracture injury. The Commission found the award was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

The LIRC affirmed the administrative law judge's award allowing workers' compensation for a July 2008 lower back injury that caused radiating pain into the right leg, rating it as 20% permanent partial disability of the body as a whole. The court determined that while the employee was not permanently and totally disabled from the last injury alone, compensation was warranted for the documented worsening of pre-existing low back conditions.

The Commission affirmed the administrative law judge's award of permanent total disability compensation to Marlene Stewart for a February 2009 work injury, finding the Second Injury Fund liable despite her preexisting chronic conditions. The decision established that Stewart's demonstrated ability to compete in the labor market and secure multiple part-time positions before the primary injury negated claims she was permanently and totally disabled beforehand.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits for a 67-year-old employee who suffered a work injury to his cervical spine, shoulder, and neck after slipping on snow-covered pavement. The decision addresses a dissenting opinion regarding whether permanent total disability benefits should be assessed against the employer or the Second Injury Fund in light of the employee's preexisting cervical spondylosis.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Gary Scott for a low back injury sustained while performing excavation work on uneven terrain. The Commission found that although an accident occurred, it did not arise out of and in the course of employment as required by Missouri Workers' Compensation Law.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Christine Moore for claims arising from verbal and mental harassment by coworkers in April 2008. The court found that the alleged injury did not arise out of and in the course of employment and was therefore not compensable under Missouri workers' compensation law.

The Commission modified the administrative law judge's award in a workers' compensation case involving a neck injury sustained while lifting decorative stones. The employee was found to have a compensable accident with medical causation, and the employer/insurer was ordered to pay medical expenses, temporary total disability benefits, and permanent partial disability benefits, with the Second Injury Fund also liable for a portion of the award.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing compensation for Milton Young's left knee sprain injury sustained on January 4, 2008, when he stepped on a frozen dirt clod at work. The employee was awarded 15% permanent partial disability benefits totaling $9,336.96, with the employer liable and the Second Injury Fund having no liability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying compensation in this workers' compensation case, despite finding the back injury compensable under Missouri law. The employee had settled her case with the employer-insurer for 50% permanent partial disability of the body as a whole referable to the low back, resulting in no additional compensation being awarded.