All Decisions

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Jennifer Thomas, finding the employer egregiously failed to comply with a temporary award by refusing to pay for prescribed medical treatments. The Commission addressed the employer's non-compliance with § 287.510 RSMo regarding potential doubling of unpaid compensation amounts.

The Missouri LIRC reversed the Administrative Law Judge's decision and awarded compensation to employee Daneen Pennington for a work-related low back injury sustained on March 22, 2010, while lifting a box of paper. The primary issue was whether the employee's permanent total disability resulted from the work injury in isolation or in combination with preexisting shoulder impingement syndrome.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying compensation in this workers' compensation case, despite finding the back injury compensable under Missouri law. The employee had settled her case with the employer-insurer for 50% permanent partial disability of the body as a whole referable to the low back, resulting in no additional compensation being awarded.

The Commission affirmed the administrative law judge's award allowing the widow of a deceased employee to receive lifetime permanent total disability benefits under Schoemehl v. Treasurer of State. The Second Injury Fund's argument that divestment provisions should apply to limit these benefits was rejected based on controlling precedent from Spradling v. Treasurer of Missouri.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award granting lifetime permanent total disability benefits under Schoemehl to the widow of a deceased employee. The Commission rejected the Second Injury Fund's argument that divestment provisions should apply, relying on controlling precedent from Spradling v. Treasurer of Missouri which established that Schoemehl benefits must be paid over the lifetime of surviving dependents.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in a case involving a bus accident on August 29, 2008, where the employee sustained a transient low back injury with no permanent disability. Although the injury was deemed compensable and work-related, no compensation was awarded because the injury did not result in any lasting impairment.

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits under Schoemehl to the surviving dependent (widower) of a deceased employee for his lifetime. The Second Injury Fund's argument that divestment provisions should apply to limit lifetime benefits was rejected based on precedent from Spradling v. Treasurer of Missouri requiring compensation over the lifetime of surviving dependents.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation for Tyler Kelsey's left upper extremity crush injury sustained on December 30, 2008, when his hand was caught in a machine at Loy Lange Box Co. The award includes compensation for temporary disability, 126 weeks of permanent partial disability at 60% of the left upper extremity, and disfigurement benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to David Brading for a left shoulder injury sustained on November 7, 2009, when a pry bar slipped and struck his shoulder while working. The Commission found the injury compensable and approved permanent partial disability compensation of 27.5% of the left shoulder, with the Second Injury Fund liable for 35.975 weeks of benefits totaling $15,216.35.

The Commission affirmed the administrative law judge's award regarding the employee's claim against the Second Injury Fund but reversed the award concerning the joinder dispute between the Christian County Sheriff's Department and Ozark Baseball Club. An off-duty sheriff's deputy was struck by an intoxicated driver while working as a security guard at a minor league baseball stadium, and the case involved complex questions of employer liability and timely joinder of parties.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for David Davy's occupational back injury sustained in a truck accident on October 29, 2007. The employee was found to have suffered 12.5% permanent partial disability of the body as a whole from injury to the low back and lumbar spine.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding Second Injury Fund liability for permanent partial disability benefits resulting from a compensable right shoulder injury. The Commission disagreed with the finding that the employee had a preexisting 20% permanent partial disability of the right knee as of the date of the primary injury, finding insufficient evidence that the knee condition was disabling at that time.

The Commission affirmed the administrative law judge's decision but modified the award to increase the pre-existing permanent partial disability of the employee's left shoulder from 12.5% to 17.5% based on credible testimony of deterioration and medical evidence. The Second Injury Fund was found liable for 31.29 weeks of permanent partial disability benefits totaling $12,173.06.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Stephanie Patterson for alleged radial tunnel syndrome in her right upper extremity. The court 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 permanent total disability benefits from the Second Injury Fund, rejecting the Fund's argument that occupational disease cannot be a primary injury. The employee was found to be permanently and totally disabled due to the combined effects of the occupational disease injury and preexisting disabilities.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding liability for the employee's permanent total disability, specifically addressing whether the employer or Second Injury Fund is responsible for benefits. The case involves an April 2007 work-related low back injury complicated by significant preexisting low back conditions, with the Commission determining the employer liable for 40% permanent partial disability while addressing Second Injury Fund liability for permanent total disability.

The Missouri LIRC reversed the administrative law judge's decision, finding that the employee's medical conditions were related to her work injury of May 6, 2004, and that she was entitled to workers' compensation benefits. The case involved complex issues of causation regarding preexisting back problems and subsequent work-related injuries to the employee's back and right hand/wrist.

The Commission affirmed the Administrative Law Judge's award granting workers' compensation benefits to Elizabeth Downing for a back injury sustained while working as a waitress on August 6, 2005 and June 12, 2006. The claimant was awarded $18,091.88 in total compensation including unpaid medical expenses, temporary total disability, and permanent partial disability benefits.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Mark Cerutti for work-related bilateral carpal tunnel syndrome and left trigger finger, with corrections made to references regarding hand laterality. The employee was awarded permanent partial disability compensation totaling 57.75 weeks for injuries to both hands and wrists.

The Labor and Industrial Relations Commission modified the administrative law judge's award in this occupational disease case involving respiratory issues caused by mold and dust exposure. The modification added provisions for the employee's spouse to receive permanent total disability benefits under specified conditions.

The Labor and Industrial Relations Commission modified the administrative law judge's award in a workers' compensation case involving a right ankle injury sustained on March 3, 2004. The modification added provisions ensuring that the employee's wife would be entitled to receive his permanent total disability benefits if she remained married to him at the time of his death, with entitlement ceasing upon her death or remarriage.

The Labor and Industrial Relations Commission reversed the administrative law judge's decision that denied workers' compensation benefits, finding the employee was in the course and scope of employment. The case involved a security officer's injury while performing employer-mandated duties in uniform, including employee mentoring responsibilities.

The Commission modified the ALJ's award regarding an employee's July 7, 2009 lower back injury sustained while slipping on rubble at work. The Commission addressed evidentiary defects in the medical bills submitted, particularly regarding improperly admitted hearsay evidence and lack of proper affidavits and notarization as required by Missouri workers' compensation law.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to David Schmitt for injuries sustained on June 16, 1999, when a trench wall collapsed while he was working on a water main for the City of St. Louis Water Division. The claimant was awarded 40 weeks of permanent partial disability benefits for 25% permanent disability of the left knee, with the Second Injury Fund liable for a portion of the award.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Donna E. Todd for injuries sustained when she slipped and fell while pulling a pallet jack on October 4, 2005, striking her left arm, tailbone, and back. The employee settled for permanent partial disability ratings of 60% for thoracic spine, 15% for coccyx, and 30% for left wrist, with a weekly compensation rate of $288.95.