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Carter v. Unknown(2017)
January 31, 2017#14-045845
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.
Wickam v. Republic Services(2017)
January 26, 2017#00-177324
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.
Wentzel v. Production Castings, Inc.(2017)
January 25, 2017
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.
Tyler v. SSM Cardinal Glennon Children's Hospital(2017)
January 20, 2017#14-063577
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.
Schwarzen v. MCS National, Inc.(2017)
January 16, 2017#16-102117
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.
Fuller v. Elementis Specialties, Inc.(2017)
January 12, 2017#13-002442
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.
Nichols v. Belleview R-III School District(2017)
January 12, 2017#09-109067
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.
Fuller v. Elementis Specialties, Inc.(2017)
January 12, 2017#11-111102
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.
Replogle v. Mexico School District(2017)
January 4, 2017#06-124708
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.
Bernard v. Paris Ready Mix and Precast(2017)
January 4, 2017
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.