Filtered Decisions

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Terence McAndrew for a right shoulder injury sustained in a fall at work on September 15, 2009. Although the accident occurred during employment, the ALJ determined the injury was not compensable under Missouri workers' compensation law, and no benefits were awarded.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Terence McAndrew for injuries sustained in a fall on September 22, 2009. Although the injury arose out of and in the course of employment, no compensation was awarded in this case.

The LIRC affirmed the administrative law judge's decision denying workers' compensation benefits in a case involving a right index finger injury sustained in a punch press machine. Although the injury was found to have occurred during employment and was compensable under Chapter 287, no compensation was awarded as the case had been previously settled with the employer.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Annette Smith for an alleged right knee injury sustained while climbing a ladder at work on March 16, 2007. 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.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Lisa Earley for a lumbar spine injury sustained on April 2, 2004, when she pulled a rounder of clothing on wet carpet at a Dillard's store. The employee was awarded $308,295.11 in total compensation, including medical expenses, temporary disability, and permanent partial disability benefits for the lumbar spine and left knee.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Lisa Earley for a left shoulder injury sustained on September 24, 2001, while hanging a beaded dress at Dillard's. The claimant was awarded 23.2 weeks of permanent partial disability compensation totaling $6,322.00 for 10% permanent partial disability of the left shoulder.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to employee Sherry Shamel for an alleged trip and fall injury. The claim was found non-compensable under Missouri workers' compensation law, with no benefits awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to employee Lorrain Wibbenmeyer, finding the award supported by competent and substantial evidence and in accordance with Missouri law. The Commission rejected the employer's argument that a general release signed during a layoff barred the claim, holding that such releases require approval from an administrative law judge or the Commission under § 287.390 RSMo, which had never been obtained.

The Commission reversed the Administrative Law Judge's decision denying Second Injury Fund liability, finding that the employee was entitled to compensation for permanent partial or permanent total disability benefits. The case involved a May 24, 2007 right shoulder injury with a supraspinatus tear requiring surgery, complicated by preexisting conditions that the ALJ had found not credible.

The Commission modified the Administrative Law Judge's award regarding permanent total disability benefits and dependent eligibility under Schoemehl v. Treasurer of State. The Commission found that the employee's wife Lynn Sage was a qualifying dependent, but vacated provisions addressing post-death benefits since the employee was still living at the time of the award.

The Commission modified the Administrative Law Judge's award, finding that the employee's work injury and L5-S1 fusion surgery caused degenerative changes at adjacent lumbar spine levels (L3-4 and L4-5), rejecting the insurer's medical expert's opinion that attributed the degeneration solely to aging. The Commission adopted the employer's authorized treating physician's opinion that the fusion surgery placed stress on adjacent spine levels, causing symptomatic degenerative disc disease.

The Commission reversed the administrative law judge's decision and awarded compensation to employee Elmer T. Bowyer for an occupational disease of the right shoulder arising from 30 years of physically demanding maintenance work. The decision found credible evidence that repetitive tasks including lawn mowing, snow plowing, and event setup over decades caused the shoulder condition with no external causative factors.

The Labor and Industrial Relations Commission reversed the administrative law judge's award and decision, finding that the employee's work as an EMT, involving repeated heavy lifting and carrying of stretchers with obese patients under difficult conditions, was the prevailing factor in causing occupational disease affecting the low back, shoulder, and hip. The Commission determined that the employer is liable to furnish medical care and provide temporary total disability benefits from February 18, 2011, forward.

The Labor and Industrial Relations Commission reversed the Administrative Law Judge's denial of the employee's workers' compensation claim, finding that the employee sustained a work-related injury on May 22, 2007, that caused cervical spine compression deformities. The Commission determined the employee met his burden of proof that the work injury was the prevailing factor in causing his cervical spine condition and disability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent partial disability benefits to Jesus Pintor for a closed head injury, cervical sprain, and lumbar strain sustained when he slipped and fell at work on November 26, 2011. The claimant, a fast food restaurant cook, was awarded 10% permanent partial disability to the body as a whole.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Linda K. Lane for a left knee injury sustained on August 4, 2008, when she fell while assisting a client on a ramp. The claimant was awarded permanent total disability benefits, with the Second Injury Fund designated as an additional party to the case.

The Commission affirmed the administrative law judge's award of permanent total disability benefits for an employee who sustained a right shoulder injury while lifting a 25-pound ham at a Walmart facility. The Second Injury Fund was ordered to pay weekly compensation of $233.33 for the claimant's lifetime beginning September 29, 2010.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding that employee Kristin Lane sustained a compensable occupational disease (bilateral upper extremity injuries from repetitive work activities) on February 28, 2011. This temporary award authorizes the employer to provide necessary medical treatment and is subject to further modification pending a final award.

The Commission affirmed the administrative law judge's award on medical fee disputes filed by Concannon Plastic Surgery and Specialty Surgical Services, LLC regarding charges totaling $23,656.00 for services rendered to employee Michael Schwab. The decision upheld that the award was supported by competent and substantial evidence and complied with Missouri Workers' Compensation Law.

The Commission reversed the administrative law judge's decision denying workers' compensation benefits, finding that the employee sustained a compensable injury by accident while performing an overnight 13-hour floor stripping and refinishing shift. The employee developed plantar fasciitis in his right foot after completing the demanding work and was entitled to temporary total disability benefits and medical treatment.

The Commission affirmed the administrative law judge's award dated November 26, 2012, in this correcting award that superseded the prior award of August 1, 2013. The employee, a nurse who sustained a low back injury on March 28, 2006 while assisting a difficult birth, was awarded 23% permanent partial disability of the body as a whole with compensation for temporary disability and necessary medical aid.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for an employee who sustained a severe comminuted calcaneus fracture with subtalar joint involvement after falling eight feet from a roof while attempting to remove guttering. The employee was found to have suffered a compensable work-related injury resulting in 33% permanent partial disability to the body as a whole.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Jeanne Wilson's left knee injury sustained in a slip and fall on September 30, 2008 at Park Terrace. The employee was awarded 56 weeks of permanent partial disability (35% left knee) and permanent total disability benefits from the Second Injury Fund at $205.50 per week.

The Commission modified the administrative law judge's award regarding an employee's hernia claim arising from workplace injury at Dial Corporation. The Commission affirmed that the injury arose out of and in the course of employment but required additional findings under § 287.195 RSMo regarding the elements of proof for hernia compensation claims.

The Commission modified the administrative law judge's award by denying the employee's entitlement to future medical treatment, finding that any ongoing treatment needed relates to her preexisting COPD rather than the work-related pneumonia. The employee's work-related pneumonia injury was allowed for compensation, but employer liability for future medical care was reversed based on Dr. Barkman's more persuasive testimony.