OTT LAW

Filtered Decisions

85 decisions matching filters

Carter v. Unknown(2017)

January 31, 2017#14-045845

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits to Edith Carter, the surviving spouse of deceased employee Phillip Carter. The Commission held that Carter's contingent right to Schoemehl benefits was extinguished when a prior permanent total disability award became final without a finding that she was the employee's dependent at the time of injury.

1,358 words

Wickam v. Republic Services(2017)

January 26, 2017#00-177324

affirmed

The Missouri Court of Appeals reversed the Commission's original decision and remanded the case with instructions to award permanent total disability benefits against the Second Injury Fund. The LIRC issued a final award granting permanent total disability benefits to James Wickam beginning September 29, 2004, at differential and stipulated weekly rates, continuing for his lifetime.

occupational disease5,616 words

Wentzel v. Production Castings, Inc.(2017)

January 25, 2017

modified

The Missouri LIRC modified the administrative law judge's award in a workers' compensation case involving Richard Wetzel's compensable work injury suffered on February 14, 2012, when he slipped and fell while carrying a heavy die casting, resulting in a trimalleolar fracture of the right ankle and claims of complex regional pain syndrome. The Commission modified the award regarding the nature and extent of permanent disability, adopting most of the ALJ's findings while disagreeing with the determination on permanent total disability status.

ankle fracture11,416 words

Tyler v. SSM Cardinal Glennon Children's Hospital(2017)

January 20, 2017#14-063577

affirmed

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Shirley Tyler for a low back injury sustained on August 26, 2014 while lifting trash at her workplace. The claimant was awarded 40 weeks of permanent partial disability compensation totaling $16,419.60 for a 10% permanent partial disability rating of the low back.

back3,019 words

Schwarzen v. MCS National, Inc.(2017)

January 16, 2017#16-102117

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for Carl Schwarzen, who suffered compensable injuries including concussion, cervical osteoarthritis aggravation, knee osteoarthritis aggravation, and soft tissue injuries when his vehicle was struck from behind while traveling to a job site in Nebraska on July 20, 2016. The award is temporary or partial in nature, with the proceedings remaining open for further orders and a final award.

motor vehicle accident6,514 words

Fuller v. Elementis Specialties, Inc.(2017)

January 12, 2017#13-002442

modified

The LIRC modified the ALJ's award regarding future medical care and medical causation of permanent total disability and Second Injury Fund liability in a case involving a 61-year-old machine operator who slipped on a spilled chemical and sustained injuries to her wrist, mouth, and knee. The Commission affirmed the ALJ's findings on past medical expenses, temporary disability benefits, and permanent partial disability benefits, while modifying determinations on future medical care eligibility and Second Injury Fund liability.

multiple injuries18,248 words

Nichols v. Belleview R-III School District(2017)

January 12, 2017#09-109067

affirmed

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Colleen Nichols, who sustained injuries to her neck, low back, and left extremities when she fell down steps on October 29, 2009. The employee was awarded permanent total disability benefits along with additional temporary total disability compensation and approved medical expenses totaling over $70,000.

multiple trauma23,556 words

Fuller v. Elementis Specialties, Inc.(2017)

January 12, 2017#11-111102

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Barbara Fuller for an occupational disease injury sustained on August 29, 2011, involving repetitive gripping and grasping work. The employee was awarded compensation for temporary disability, permanent partial disability of both wrists, and disfigurement benefits totaling $55,168.54.

occupational disease5,121 words

Replogle v. Mexico School District(2017)

January 4, 2017#06-124708

modified

The Commission modified the administrative law judge's award in this workers' compensation case involving a lumbar spine injury sustained by an employee of Mexico School District on August 29, 2006. The decision addresses the employee's entitlement to permanent partial disability benefits and the liability of the Second Injury Fund, while affirming that the work accident was the prevailing factor in causing the lumbar spine injury.

back10,364 words

Bernard v. Paris Ready Mix and Precast(2017)

January 4, 2017

affirmed

The Commission affirmed the Administrative Law Judge's award of permanent and total disability benefits to the employee for a right foot injury sustained on June 5, 2009, while employed at Paris Ready Mix and Precast. The employee was awarded ongoing permanent and total disability payments beginning January 15, 2010, totaling $106,914.34 plus future PTD payments subject to modification and review.

foot4,268 words