All Missouri workers' compensation decisions

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.

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to employee Kathleen Wright, a truck driver who suffered an impacted fracture of the distal radius after falling at work on August 4, 2009, when her foot caught on a concrete offset. The Commission rejected the Second Injury Fund's argument that the injury was non-compensable as resulting from an idiopathic cause (Meniere's disease-related balance problems) and found the employee permanently and totally disabled based on the combination of her primary injury and preexisting conditions.

The Commission affirmed the administrative law judge's award finding the employee suffered compensable injuries from a June 10, 2010 accident and that the employer is liable for medical care. The Commission issued a supplemental opinion providing specific findings on medical causation and the employer's obligation to provide treatment for symptomatic spondylolisthesis, radiculopathy, cervical spondylosis, and post-traumatic headaches.

The Commission affirmed the administrative law judge's determination that John Cutsinger was an employee rather than an independent contractor at the time of his October 1, 2010 injury, finding that the employer retained and regularly exercised control over the means and manner of his work managing lighting and sound for special events. This is a temporary award allowing workers' compensation benefits subject to further proceedings for a final award.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for a work-related back injury caused by repetitive heavy lifting, but reversed the denial of costs/attorney's fees, finding the employer acted unreasonably in denying the claim. The employee was awarded past medical expenses, temporary total disability benefits, permanent partial disability benefits, and costs equal to attorney's fees incurred.

The Labor and Industrial Relations Commission reversed the administrative law judge's decision that dismissed the case due to improper naming of the employer, finding that Kids Kick-Start Campus, LLC was the proper defendant based on the employer's own admission in its Answer. The employee, Yordanka Morrero, sustained a work-related injury on December 10, 2007, while working as a childcare provider and is entitled to workers' compensation benefits including evaluation of her claimed 24% permanent partial disability of the left arm.

The Commission affirmed the administrative law judge's decision denying the employee's workers' compensation claim, finding the employee failed to prove she sustained an accident as defined by Missouri law. The court disagreed with the ALJ's credibility determination, noting that the employee's testimony about lifting a box of bananas at work on June 3, 2003, was corroborated by employer documents and the employee's own actions of leaving work early.

The Missouri Court of Appeals reversed in part and remanded the Commission's March 2012 decision; the Commission on remand issued a Final Award allowing compensation for Larry Abt's January 15, 2001, work-related injury sustained when a locomotive he was operating collided with a truck. The employee sustained a degloving injury to his left calf, lower back injuries, and fractured ribs, with subsequent injuries to his left ankle and wrist, and was found employable at heavy workload demand level despite preexisting conditions.

The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for Ann Hemenway's injuries sustained from a slip and fall on an icy curb in the employer's parking lot. The court found that the accident did not arise out of and in the course of employment because the employee was off the clock on a personal smoke break when the injury occurred.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Dorothy Isom for a right hand injury sustained on May 19, 2009, when a heavy carton fell onto her hand at work. The claimant was awarded permanent partial disability compensation totaling $30,058.15, with portions paid by both the employer and the Second Injury Fund.

The Missouri Court of Appeals reversed the Commission's compensation rate determination and remanded the case for recalculation at $376.55 per week instead of $40.00 per week. The Commission issued a final award granting the employee permanent partial disability benefits at the corrected compensation rate.

The Commission affirmed the administrative law judge's award allowing workers' compensation for employee Patsy J. Allgier, finding the award supported by competent and substantial evidence. The employer's objection to Dr. Volarich's medical reports based on a missing curriculum vitae was deemed waived due to failure to follow proper pretrial procedures and consent to admission at hearing.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding average weekly wage, rate of compensation, and survivor benefits eligibility under Schoemehl. The Commission adopted the finding that the Second Injury Fund is liable for permanent total disability benefits while adjusting the compensation rate calculation based on credible wage statement evidence.

The Missouri Court of Appeals reversed the Commission's 50% reduction of the employee's workers' compensation award under § 287.120.5 RSMo, finding insufficient factual findings to support the reduction, and remanded the case for further proceedings. The Commission issued additional findings on remand to address whether the employer proved the elements justifying the reduction.

The Labor and Industrial Relations Commission modified the ALJ's temporary award, reversing the award of six weeks of temporary total disability benefits for carpal tunnel syndrome surgery due to insufficient evidence of the employee's inability to compete in the open labor market. The Commission left the issue of temporary total disability benefits open for determination at final award, pending additional evidence regarding the employee's work capacity and time missed from work.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Judy Flack for a neck injury sustained on March 1, 2008 when she tripped over electrical cords at St. John's Mercy Medical Center. The employee was awarded compensation totaling $50,193.88 for medical expenses, temporary disability, and permanent partial disability of 25% body as whole.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Susan Franklin, finding that no compensable injury or occupational disease occurred. The claim was denied because the alleged injury did not arise out of and in the course of employment.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award for an employee who suffered a right knee injury when slipping on gravel while stepping into a truck in the employer's parking lot on January 9, 2011. The injury was found to be compensable under Missouri workers' compensation law, with temporary disability benefits and future medical care awarded pending a final determination.

The Missouri LIRC affirmed the administrative law judge's award of workers' compensation benefits to Gregory Meredith for injuries sustained on October 9, 2009, when a garage door pinned him between the door and a forklift at his workplace in St. Louis County. The case was settled with the employer and insurer, with the Second Injury Fund liable for permanent partial disability benefits of $15,094.74 based on 15% body as a whole and 5% left shoulder disability.

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to Joseph Forbes for a work injury sustained on November 21, 2007. The supplemental opinion clarified that Forbes's three dependent children are entitled to continuing permanent total disability benefits under the Schoemehl holding, as the claim was pending between the relevant statutory amendment dates.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award in a workers' compensation case for employee Lloyd Bessard, finding 42% permanent partial disability of the body as a whole and permanent total disability when combined with preexisting conditions. The Commission clarified that the Second Injury Fund's liability begins on November 21, 2009 (after temporary total disability payments ended), rather than on the February 23, 2009 injury date, and established a payment structure combining employer and Second Injury Fund contributions.

The Commission affirmed the ALJ's decision denying compensation for bilateral carpal and cubital tunnel syndromes, finding that the medical opinions of Drs. Kramer, Ollinger, and Strecker establishing no work-related causation were more credible than Dr. Schlafly's opinion linking the condition to repetitive work activities. The employee's claims against American Airlines and the Second Injury Fund were denied.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Sheran Robinson for injuries sustained when a filing cabinet fell on her at work on October 8, 2004, causing injuries to her neck, back, and left upper extremity. The employee was found to have permanent total disability and is entitled to ongoing compensation benefits.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for Deborah Allen's occupational disease injury involving bilateral hands, fingers, and right shoulder sustained from repetitive motion activities on May 1, 2007. The Second Injury Fund was determined liable for 11.25 weeks of permanent partial disability compensation totaling $4,236.19.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Eric Conrad's bilateral elbow injuries sustained on November 1, 2009 in the course of his employment. The claimant was awarded permanent partial disability compensation totaling $9,937.15 from the Second Injury Fund, with the employer having previously paid 99.75 weeks of benefits.