Filtered Decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Charles P. Reese for injuries sustained on September 8, 2004, when epoxy paint blown by wind into his eyes caused him to fall and strike the back of his head on a steel beam. The employee settled his case for 17% permanent disability of the body as a whole related to head, eyes, and hearing injuries.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Maria Peck-Miller for a knee injury sustained on January 26, 2004, when she slipped on ice while walking to her car at the end of her work shift. The Commission approved permanent partial disability compensation of 40% for the right knee and 15% for the left knee, with the Second Injury Fund liable for 19.2 weeks of benefits totaling $6,663.36.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Troy L. Hudson for two work-related injuries: a May 21, 2004 fall from a trailer causing head, neck, spine, and shoulder injuries (30% permanent partial disability), and a December 29, 2004 low back injury from bending rebar (40% permanent partial disability). The decision awards temporary disability compensation, medical expenses, and permanent partial disability benefits for both injuries.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits for an employee's alleged MRSA infection in the left breast contracted at a poultry processing plant. The Commission found that the injury was not compensable under Missouri workers' compensation law, and no benefits were awarded despite the claim meeting procedural requirements.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding the employee's low back injury compensable under Missouri workers' compensation law. The employer is ordered to pay temporary total disability benefits and provide necessary medical aid, with proceedings kept open for final determination pending maximum medical improvement.

The Commission modified the administrative law judge's award regarding a May 24, 2002 work accident involving employee Blaine Lyman, who sustained a left femoral neck fracture, degenerative disk disease, cataracts from hyperbaric oxygen treatment, and deep vein thrombosis. The case addressed liability for future medical care, temporary and permanent disability benefits, and Second Injury Fund obligations.

The Commission affirmed the administrative law judge's decision denying compensation for hearing loss and tinnitus claims filed by the employee, finding the claim was barred by the statute of limitations. Following a Court of Appeals mandate requiring further analysis of tinnitus as a separate occupational disease claim, the Commission reaffirmed its denial after determining the tinnitus claim was also untimely.

The Commission affirmed the administrative law judge's award denying the widower Wesley Goad continuing permanent total disability benefits that would have accrued after the deceased employee Cheryl Goad's death. The decision applies amended Missouri statutes enacted in June 2008 that prospectively terminated the right to unaccrued permanent total disability compensation upon an injured employee's death, rejecting the prior Schoemehl decision.

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Anton Kloepfer for a claimed 2008 workplace injury, finding he failed to meet his burden of proof regarding an accident in the course and scope of employment and medical causation. A dissenting opinion argued the decision should be reversed and benefits awarded for past medical expenses, temporary total disability, future medical care, and permanent partial disability.

The Commission reversed the Administrative Law Judge's award of 165.84 weeks of permanent partial disability benefits to the Second Injury Fund for an employee's left eye injury combined with a preexisting right eye disability. The Commission found the employee bound by disability ratings in prior settlements and determined insufficient evidence that the preexisting eye disability constituted a hindrance to employment triggering Second Injury Fund liability.

The Missouri Court of Appeals affirmed in part and reversed in part the Commission's August 12, 2009 award, remanding the matter with directions to award the employee weekly wage benefits of $161.91. The Commission issued this award pursuant to the Court's mandate, granting permanent total disability benefits.

The Commission affirmed the administrative law judge's award of 40% permanent partial disability for a right shoulder injury sustained when the employee's arm was caught in a bi-fold cockpit door on June 15, 2003. The employee, a Flight Service Manager/Purser with 36 years of service, underwent shoulder surgery and was found to have partial thickness rotator cuff tears with permanent weakness, precluding return to previous flight attendant duties.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Lonnie Jones for a low back injury sustained on March 7, 2008, when a hydraulic cylinder blew out on a dump truck he was operating. The claimant was awarded permanent total disability benefits at $340.53 per week beginning October 13, 2008, along with future medical benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Jerry Roberson for a back injury, finding the award supported by competent and substantial evidence. A separate opinion disagreed on the classification, arguing for permanent total disability benefits rather than permanent partial disability based on expert testimony regarding the employee's inability to compete in the open labor market.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Nanette J. Kirkey for alleged occupational exposure to mold while performing administrative duties. The Commission found that the injury did not arise out of and in the course of employment, rendering the claim non-compensable under Missouri workers' compensation law.

The Commission reversed the Administrative Law Judge's award that found the employee sustained a compensable work-related eye injury and was entitled to temporary total and permanent partial disability benefits. The Commission determined that the employee failed to prove the alleged workplace accident was a substantial factor in causing his left eye condition, given his pre-existing diabetes-related retinopathy and lack of medical follow-up care.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Doris Dobbs for bilateral carpal tunnel syndrome developed as a result of her work activities at Jefferson Memorial Hospital. The employee was awarded $25,570.20 in total compensation, including temporary total disability, permanent partial disability, and disfigurement benefits.

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to James Kuhnlein for a low back strain injury sustained on March 30, 2007, when he slipped on a newly stripped floor at work. Although the injury was deemed compensable and work-related, no compensation was awarded in the final decision.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Kathy Meyer, who sustained injuries from an automobile accident on January 30, 1998 while employed by Pyramid Home Care, Inc. The employee was awarded compensation for temporary and permanent partial disability along with necessary medical benefits totaling over $262,000.

The Missouri LIRC affirmed the administrative law judge's decision denying workers' compensation benefits to employee John Shelton, finding that the employer's post-injury drug and alcohol testing policy was valid. The dissenting opinion argued for reversal, contending that the employer failed to meet its burden of proving the employee forfeited benefits due to test refusal.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits for Lisa Higgenbotham's left knee injury sustained on June 5, 2006, while employed at a McDonald's restaurant. The claimant was awarded compensation for 30% permanent disability to the left knee, with the Second Injury Fund covering 20% of the body rating liability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying all workers' compensation benefits to David M. Porting for an occupational disease (infected blister on right big toe) that occurred on March 1, 2003. Although the injury was found to be compensable and work-related, no compensation was awarded due to the finding that there was no permanent disability or temporary disability warranting benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in full. The claim was denied because the alleged back injury on May 21, 2001 did not arise out of and in the course of employment.

The Commission affirmed in part and reversed in part the administrative law judge's award denying compensation for a November 2001 work accident in which the employee's chair suddenly dropped, causing low back injury. The case involved disputed claims regarding permanent disability, occupational disease, and medical causation related to the low back injury.

The Labor and Industrial Relations Commission modified the administrative law judge's January 8, 2010 award to clarify that the injury involved the neck and left shoulder from an occupational disease with onset on June 20, 1999. The Commission affirmed the allowance of attorney's fees and adopted the administrative law judge's findings except as modified herein.