OTT LAW

Filtered Decisions

185 decisions matching filters

Skinner v. Donnie W. Morgan d/b/a D & M Development, LLC(2009)

July 21, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Michael Skinner for injuries sustained when he fell from a roof truss on September 29, 2007. The claimant was awarded medical expenses of $254,708.20, temporary total disability benefits, and 15% permanent partial disability compensation.

head and neurological3,280 words

Shomaker v. Home Service Oil Company(2009)

July 21, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding that Melvin Shomaker's right shoulder injury sustained while dragging and pulling gasoline hoses for Home Service Oil Company was compensable. The award includes $20,568.29 in unpaid medical expenses, 48 weeks of temporary total disability benefits of $28,399.20, and future medical care, with the case remaining open for further orders.

shoulder2,739 words

McMunn v. Complete Roofing, Inc.(2009)

July 21, 2009

affirmed

The Commission affirmed the administrative law judge's award of permanent total disability benefits for Billy Joe McMunn, who injured his low back while moving a ladder on April 11, 2003. The case involved a settled claim with Missouri Employer's Mutual and the Second Injury Fund bearing liability for permanent total disability compensation.

back9,299 words

Hager v. Syberg's Westport(2009)

July 21, 2009

affirmed

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

258 words

Tracy v. Bilyeu Plumbing Inc.(2009)

July 17, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the February 17, 2009 award of the Administrative Law Judge allowing workers' compensation for employee Don Tracy. The Commission found the award was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

213 words

Vance v. Blake Flooring Company(2009)

July 15, 2009

reversed

The Commission reversed the Administrative Law Judge's decision that rejected the employee's occupational disease claim, finding the ALJ exceeded his authority by deciding an issue not in dispute when the parties had stipulated to the occurrence of an occupational disease on September 1, 2003. The Commission remanded the case to address the stipulated issues of the nature and extent of permanent disability and apportionment between the employer and Second Injury Fund.

occupational disease3,274 words

Portell v. GKN Aerospace(2009)

July 15, 2009

affirmed

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to the employee for a left knee degenerative condition. The claim was denied because the injury did not arise out of and in the course of employment.

knee10,864 words

Jones v. Meramec Group, Inc.(2009)

July 1, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that the claimant's occupational disease affecting her left hand and thumb, sustained while inspecting and trimming shoe soles, was compensable under Missouri workers' compensation law. The award is temporary or partial in nature with future medical treatment ordered and proceedings kept open for final determination.

occupational disease6,479 words

Pichainarong v. Ford Motor Company(2009)

July 1, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation to employee Anachak Pichainarong. No compensation was awarded in the case.

181 words

Meyer-Linquist v. Shughart, Thomson & Kilroy(2009)

July 1, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Stephanie Meyer-Linquist, who developed right carpal tunnel syndrome and other injuries from repetitive keyboard work as a legal assistant. The employee was found to have a compensable occupational disease arising out of and in the course of her employment, with benefits awarded for temporary disability, medical expenses, and permanent partial disability.

carpal tunnel18,904 words

Chepely v. Meramec Group, Inc.(2009)

July 1, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding that Ann K. Chepely's left shoulder injury sustained on September 30, 2007, while working on a factory line at Meramec Group, Inc. was compensable under Missouri workers' compensation law. The award is temporary or partial, with future medical benefits awarded and proceedings kept open for final determination.

shoulder5,762 words

Andrews v. City of Glendale(2009)

June 24, 2009#04-025439

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation benefits to James Andrews for a work-related injury sustained on March 11, 2004, when he fell into a fish pond while fighting a fire. The employee was awarded 12-1/2% permanent partial disability compensation totaling $29,221.61, with the employer and Second Injury Fund sharing liability.

back2,885 words

Andrews v. City of Glendale(2009)

June 24, 2009#05-089725

affirmed

The Commission affirmed the administrative law judge's denial of the employee's occupational disease claim, finding he failed to meet his burden of proof that his back problems arose from his firefighting career. Although the employee argued the proper standard was 'reasonable medical probability,' the Commission agreed with the ALJ that the evidence supported a finding that the back problems resulted from a pre-existing degenerative condition rather than being substantially caused by employment.

occupational disease6,181 words

Coleman v. Drake Corporation(2009)

June 24, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Danny Coleman's work-related injury to his cervical and lumbar spine sustained on June 6, 2003, when he slipped while carrying a heavy saw blade at Drake Corporation. The Commission found the injury compensable under Missouri Workers' Compensation Act with temporary total disability payments and necessary medical aid provided by the insurer.

back5,470 words

Dreiman v. Central Paper Stock Co., Inc.(2009)

June 24, 2009

affirmed

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for John Dreiman's motor vehicle accident injury occurring on July 6, 2005, involving cervical spine and bilateral wrist injuries. The decision approved permanent partial disability benefits (30% PPD for cervical spine, 15% PPD for each wrist) and permanent total disability benefits from the Second Injury Fund due to the combination of the primary injury with preexisting conditions.

motor vehicle accident4,291 words

Frost v. Bridgestone Firestone, Inc.(2009)

June 24, 2009

affirmed

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for David Frost's low back injury sustained on February 4, 2006, when his vehicle was struck while test driving in the course of employment. The primary injury was settled for 12.5% body as a whole for low back and 2.5% for psychiatric injury, with the Second Injury Fund liable for 61.34 weeks of permanent partial disability totaling $22,394.00.

back3,106 words

King v. Tri-County Group XV, Incorporated(2009)

June 24, 2009

affirmed

The Commission affirmed the administrative law judge's decision awarding no compensation in this workers' compensation case. Although the employee's right shoulder injury from lifting a vacuum cleaner was deemed compensable and the employee settled for 36.40 percent permanent partial disability, no additional benefits were awarded by the Commission.

shoulder8,412 words

Naughton v. St. Charles County Government(2009)

June 24, 2009

reversed

The Commission reversed the administrative law judge's denial of workers' compensation benefits, finding that the employee's April 13, 2004 left ankle injury arose out of and in the course of his employment as a bailiff. The case is remanded to determine the nature and extent of permanent partial disability, with compensation calculated at the maximum rate of $347.05 per week.

ankle31,004 words

Moeller v. M. R. Bathe Electric Co.(2009)

June 18, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Richard M. Moeller for work-related carpal tunnel syndrome of the left wrist. A concurring dissent argued the employee should receive 25% permanent partial disability benefits rather than the 17.5% awarded by the administrative law judge.

carpal tunnel6,081 words

Richter v. Michener Gaines Association, Inc.(2009)

June 18, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to employee Roger Richter, finding the award was supported by competent and substantial evidence and made in accordance with Missouri Workers' Compensation Act. The Commission also approved the administrative law judge's allowance of attorney's fees as fair and reasonable.

241 words

Bostic v. Associated Wholesale Grocers, Inc.(2009)

June 18, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for William Bostic's left inguinal hernia injury sustained while removing a case of toaster strudel from a freezer shelf on December 15, 2005. One dissenting member argued the injury was not sufficiently proven to arise out of and in the course of employment under Missouri law.

hernia3,595 words

Allcorn v. Tap Enterprises, Inc.(2009)

June 16, 2009#06-110840

reversed

The Missouri Court of Appeals reversed the Commission's denial of an occupational disease claim, finding that the employee satisfied the 30-day notice requirement and that a one-day discrepancy in the date of injury caused no prejudice to the employer. The Commission reinstated compensation for the employee's occupational disease claim.

occupational disease5,263 words

Carter v. GKN Aerospace Services(2009)

June 16, 2009

modified

The Commission reversed the administrative law judge's award regarding causation and injury to the employee's right foot, finding insufficient medical evidence that the left ankle injury caused the micro fracture to the right foot through altered gait. The Commission affirmed the award in all other respects, including the 12.5% permanent partial disability rating for the left ankle injury.

foot/ankle5,365 words

Sandlin v. Daimler Chrysler(2009)

June 16, 2009

reversed

The Labor and Industrial Relations Commission reversed the Administrative Law Judge's denial of workers' compensation benefits, finding that the employee credibly proved she sustained a compensable low back injury on May 28, 2004, while moving boxes at her workstation. The Commission concluded the employee is entitled to compensation for the accident-related injury arising out of and in the course of her employment.

back7,194 words

Taylor v. Contract Freighters, Inc.(2009)

June 16, 2009

affirmed

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to David Taylor, who suffered injuries from a motor vehicle accident caused by a coughing episode while operating his vehicle. The Court found the coughing episode was idiopathic in nature, stemming from the employee's pre-existing condition rather than arising from his work environment, and therefore not compensable under Missouri law.

occupational disease9,982 words