OTT LAW

All Decisions

1,267 decisions in the archive

Beine v. County of St. Charles(2011)

March 17, 2011

affirmed

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Scott J. Beine, finding that his injury did not arise out of or in the course of his employment. The employee's injury, sustained during a Sheriff's Association charity golf tournament, was determined to fall outside the scope of employment coverage, and the mutual benefit doctrine was found inapplicable.

10,071 words

Stark v. Thomas Construction, Inc.(2011)

March 17, 2011

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Melvin Stark for a low back injury sustained on May 10, 2005, while installing a galvanized steel laundry chute at his workplace in Pulaski County, Missouri. The injury resulted in permanent total disability, and the Commission found the award was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

back9,885 words

Cook v. Buckley Powder Company(2011)

March 17, 2011

affirmed

The Commission affirmed the administrative law judge's award denying compensation, finding that the employee was permanently and totally disabled before suffering the work-related rotator cuff injury and therefore not entitled to benefits. The employee failed to disclose his pre-existing back condition, social security disability status, and daily narcotic pain medication use to the employer, which would have prevented his hire for the hazardous materials handling position.

rotator cuff4,116 words

Espinosa Hernandez v. Triumph Foods, LLC(2011)

March 17, 2011

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation benefits for an employee who sustained right hand injuries from repetitive meat-processing work and subsequent left shoulder injuries from modified duties. The employee, who worked on a meat-processing line using a wizard knife, underwent trigger finger release surgery but continued to experience severe pain and disability.

hand and shoulder3,242 words

Moll v. Martin Marietta Materials Incorporated(2011)

March 17, 2011

modified

The Commission modified the administrative law judge's denial of permanent partial disability benefits for the employee's lumbar injury from the April 13, 2006 work accident. The Commission found that the employee's medical evidence, particularly Dr. Volarich's testimony, sufficiently established that the work accident was the prevailing factor in causing the employee's disc bulges and lumbar syndrome, entitling the employee to compensation.

back8,259 words

Angus v. ATK Alliant Techsystems(2011)

March 17, 2011

reversed

The Missouri Court of Appeals reversed the Commission's January 2010 award denying compensation, finding the Commission erred in rejecting uncontradicted medical testimony that the employee was permanently and totally disabled from rheumatoid arthritis combined with osteoarthritis. The Commission was remanded to determine the degree of disability proportionally in accordance with the medical evidence and to determine the Second Injury Fund's liability.

occupational disease4,427 words

Smyth v. Oscar Wilson Engine & Parts, Inc.(2011)

March 17, 2011

affirmed

The Missouri LIRC affirmed the Administrative Law Judge's award of workers' compensation benefits for Robert Smyth's work-related low back injury sustained on March 29, 2005. The Commission found the ALJ's decision was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law, despite a dissenting opinion arguing for permanent total disability benefits.

back5,565 words

Taylor v. Contract Freighters, Inc.(2011)

March 16, 2011

modified

The Missouri LIRC modified its December 7, 2010 temporary award to correct the temporary total disability rate to $666.41 as stipulated by the parties, after the employee challenged the rate used in the original award. The proceedings remain open pending a final award on the merits of the workers' compensation claim.

425 words

McPherson v. New Prime, Inc.(2011)

March 9, 2011

affirmed

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Alice McPherson for injuries sustained on January 22, 2001, when she was thrown from a sleeper berth due to sudden braking while working as a team driver. The employee was awarded 10% permanent disability to the body as a whole and temporary total disability compensation for the period from January 23, 2001, to September 12, 2002.

head and spinal trauma7,879 words

Poole v. City of St. Louis(2011)

March 9, 2011

modified

The Missouri Court of Appeals affirmed the Commission's November 2009 Final Award in all respects except future medical expenses, which it reversed and remanded. The Commission awarded future medical benefits for pain management and ongoing treatment related to the employee's June 2003 compensable low back injury, including medications, physical therapy, nerve block injections, and physician monitoring.

back673 words

Eaton v. AT&T/Southwestern Bell Telephone L.P.(2011)

March 9, 2011

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that Betty Eaton's bilateral upper extremities injury arising from repetitive data entry and customer service work was a compensable occupational disease. Future medical benefits were awarded, with the case kept open for further proceedings to determine a final award.

occupational disease4,399 words

Vann v. A & E Custom Manufacturing Technologies(2011)

March 8, 2011

affirmed

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to James Vann for a left shoulder injury sustained on February 1, 2007, while attempting to close an overhead door at work. The employee was found to have 23.7% permanent disability and is entitled to ongoing weekly compensation benefits of $348.29 for life, with additional support from the Second Injury Fund.

shoulder7,874 words

Bridges v. Home Depot(2011)

March 7, 2011

modified

The Missouri LIRC modified the administrative law judge's award by reversing the assessment of attorney fees and costs against the Second Injury Fund, while affirming liability for 13.2 weeks of permanent partial disability. The Commission found that the Second Injury Fund presented a valid defense and therefore did not defend the claim without reasonable ground as required under § 287.560 RSMo to assess costs.

occupational disease3,512 words

Gosche v. Drury Inns, Inc.(2011)

March 7, 2011

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Robert Gosche, who sustained injuries from a ceiling collapse while performing construction work at a Drury Inns facility on November 20, 2008. The award includes 60 weeks of permanent partial disability (15% PPD of low back) from the employer and permanent total disability benefits payable by the Second Injury Fund at $772.53 weekly for Gosche's lifetime.

multiple trauma2,890 words

Williams v. Missouri Department of Social Services(2011)

March 7, 2011

reversed

The Commission reversed the ALJ's award of workers' compensation benefits to Kenneth Williams, a juvenile detention facility employee who developed contact dermatitis and MRSA infection allegedly from exposure during a field trip to a rope course on April 21, 2006. The reversal focused on employer's lack of timely notice of the injury, as the employee did not file a formal injury report until June 9, 2006, and disputed claims that supervisors were notified of a work-related injury on April 27, 2006.

occupational disease6,367 words

Guyer v. Express Pet Ford Company, Inc.(2011)

March 7, 2011

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Brian Guyer for injuries sustained when a high-pressure valve exploded while he was unloading a tanker truck on August 16, 2007. The employee was found to be permanently totally disabled and awarded lifetime permanent total disability benefits at $357.32 per week plus necessary medical treatment.

head6,127 words

Hecker v. Endeavor Home Care LLP(2011)

March 7, 2011

affirmed

The Missouri LIRC affirmed the Administrative Law Judge's award denying workers' compensation to Sue Ann Hecker, an in-home caregiver, for injuries sustained in a motor vehicle accident on July 19, 2007, while traveling between client homes. The ALJ found the employee's evidence less credible than the employer's witnesses and determined the accident did not arise out of or occur in the course and scope of employment, though a dissenting opinion disagreed with this credibility determination.

motor vehicle accident4,654 words

Lingle v. Ryder Integrated Logistics(2011)

March 7, 2011

modified

The Commission modified the administrative law judge's award by affirming liability of the Second Injury Fund for 42 weeks of permanent partial disability but reversing the award of attorney fees and costs against the Second Injury Fund. The Commission found that the Second Injury Fund did not defend the claim without reasonable ground, thus fees and costs under § 287.560 RSMo were not warranted.

3,192 words

Wilson Jr. v. Ricky Wilson, Jr.(2011)

March 3, 2011

reversed

The Commission reversed the ALJ's award of permanent total disability benefits and medical treatment costs for an employee injured in a single-vehicle accident on December 13, 2008, finding that the primary issue is whether the injuries arose out of and in the course of employment. The decision questions whether the employee's trip on the morning of the accident was work-related, as communications with a potential employer about future jobs do not establish that the accident occurred during employment duties.

motor vehicle accident10,101 words

Pursley v. Christian Hospital Northeast/Northwest(2011)

March 2, 2011

affirmed

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits in this case. The Commission found that the ALJ's award was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

200 words

Cordova, Henry(2011)

February 25, 2011

dismissed

This is a Final Award denying compensation in a Missouri workers' compensation case. The specific details regarding injury type, body part affected, employer, and reasoning are not provided in the document excerpt.

12 words

Skidmore v. Coleman Trucking, Inc.(2011)

February 24, 2011

affirmed

The Commission affirmed the administrative law judge's denial of the employee's claim against the Second Injury Fund, finding that the employee is permanently and totally disabled as a result of the August 16, 2004 accident considered alone, not in combination with preexisting conditions. The Commission issued a supplemental opinion to clarify the findings of fact and conclusions of law required by statute.

multiple trauma4,002 words

Vrabel v. Aramark Services(2011)

February 23, 2011

affirmed

The Commission affirmed the ALJ's award of medical benefits for carpal tunnel syndrome in both upper extremities, finding that the employee's occupational exposure was the prevailing factor in causing the condition. The Commission clarified that under the 2005 amendments to Missouri Workers' Compensation Law, occupational disease compensation requires proving occupational exposure was the prevailing factor, not merely a substantial factor.

carpal tunnel2,697 words

Johme v. St. John's Mercy Medical Center(2011)

February 22, 2011

reversed

The Commission reversed the Administrative Law Judge's denial of compensation and found that the employee, a billing representative, sustained a compensable work injury when she fell and broke her pelvis after twisting her right ankle while making coffee in the employer-provided kitchen during work hours. The employee was performing a task customary in the office and using equipment provided by the employer at the time of the accident.

ankle/fall2,993 words

Baldwin v. Harley Davidson Motor Company(2011)

February 17, 2011

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits for Christopher Baldwin's alleged lower back injury from October 31, 2004. The Commission found that the injury did not arise out of and in the course of employment, making it non-compensable under Missouri Workers' Compensation Law.

back35,743 words