Filtered Decisions

The Commission affirmed the administrative law judge's award of compensation for a work-related right hip strain injury sustained on April 11, 2013, finding the injury was the prevailing factor in the employee's condition. The employee was determined to be permanently and totally disabled based on the combination of the primary injury with preexisting disabilities and her age, education, and lack of transferable skills.

The Commission reversed the ALJ's denial of workers' compensation benefits, finding that the employee's low back and left leg injury sustained while changing bed sheets arose out of and in the course of her employment as a nurse aide. The Commission rejected the ALJ's discrediting of the treating physician's opinion that the work injury was the prevailing factor in developing the employee's disc herniation and radiating leg pain.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits for Gary Page's left ankle injury that occurred on January 12, 2011. Although the injury arose out of and in the course of employment, it was determined to be non-compensable under Missouri workers' compensation law.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Gary Page's left ankle and right knee injuries sustained on October 3, 2008, when he jumped from a runaway truck with failed brakes. The employer and insurer were ordered to pay $66,566.57 in permanent partial disability benefits (70% for left ankle, 35% for right knee) plus ongoing medical treatment.

The Commission modified the administrative law judge's award to find the Second Injury Fund liable for permanent partial disability benefits, as the employee had preexisting permanent partial disabilities that constituted a hindrance to employment. The employee suffered chronic lumbar sprain/strain, symptomatic lumbar disc protrusions, bilateral lower extremity radiculitis, and cervical spine injuries from a work accident on August 10, 2011, and is entitled to ongoing future medical benefits.

The Commission affirmed the administrative law judge's award granting workers' compensation benefits to Gale Hardwick for a fall injury sustained on October 9, 2014, while working at a Conagra Foods facility. The employee was determined to be totally and permanently disabled and is entitled to permanent total disability benefits of $486.17 per week beginning May 8, 2015.

The Commission affirmed the administrative law judge's award of permanent total disability benefits to employee Candace Houchen for injuries sustained on January 13, 2006, when she was struck by plywood caught by wind while lifting at work. The employee is entitled to ongoing weekly compensation of $696.97 for life, along with medical expenses and mileage reimbursement.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Connie J. Carty for a lumbar spine injury sustained on November 8, 2011, during defensive tactics training when she fell backward after resisting her partner's grab. The employee's claim was found compensable under Missouri workers' compensation law, with temporary total disability payments and necessary medical aid previously provided by the employer-insurer.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in the case of deceased employee John Whelehon. The Commission found that the injury or occupational disease was not compensable under Missouri law and did not arise out of and in the course of employment.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent partial disability compensation in the amount of $9,291.60 for employee Jimmy Holifield's occupational hearing loss (tinnitus) caused by noise exposure at Mississippi Lime Company. The injury occurred on June 1, 2014, in Ste. Genevieve County, Missouri, and was determined to be compensable under Missouri Workers' Compensation Law.

The Commission affirmed the administrative law judge's decision denying workers' compensation to Arthur Carl Lewis, finding he failed to provide timely notice of his injury to his employer as required by Missouri law and failed to prove lack of prejudice. The Second Injury Fund claim was reinstated from dismissal but ultimately denied on the same grounds.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent and total disability benefits to employee Johnny Kittrell for a work injury sustained on October 30, 2012. The Commission found the employee credible regarding his symptoms and found the medical and vocational opinions supporting permanent total disability more persuasive than contrary expert testimony.

The Commission affirmed the administrative law judge's award allowing compensation for a severe right shoulder injury sustained on April 11, 2012, finding the employee suffered 32.5% permanent partial disability and is permanently and totally disabled based on the injury combined with preexisting conditions. The Commission rejected the Second Injury Fund's argument that permanent total disability requires explicit physician certification of inability to work, holding instead that the determination involves both medical and non-medical factors including the employee's ability to compete in the open labor market.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent total disability benefits to James Hood against the Second Injury Fund based on the combination of his primary injury from February 21, 2014, and preexisting disabling conditions from multiple prior work-related injuries. The Commission found that the 2014 amendments to § 287.220.3 RSMo did not apply because some preexisting injuries predated January 1, 2014, and the claim satisfied the statutory requirements under § 287.220.2 RSMo.