OTT LAW

All Decisions

2,579 decisions in the archive

Sikes v. Shepherd Care, Inc.(2013)

January 16, 2013

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Kathleen Sikes for injuries sustained in a slip and fall accident on April 3, 2007, while taking out trash at her workplace. The employee was awarded compensation for permanent partial disability and medical expenses totaling $256,577.08, with the Second Injury Fund liable for permanent total disability benefits.

occupational disease4,893 words

Stroud v. Health Management Associates d/b/a Poplar Bluff Regional Medical Center(2013)

January 16, 2013

affirmed

The Commission affirmed the administrative law judge's award allowing workers' compensation to Tammy Stroud for a low back injury, finding the award supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law. The employee's claim for permanent total disability was evaluated in light of credibility concerns regarding her testimony about her functional abilities, though her account of the accident itself was found credible.

back25,386 words

Redfern v. Autozone(2013)

January 10, 2013

modified

The Labor and Industrial Relations Commission modified the administrative law judge's award in this workers' compensation case involving a slip and fall injury sustained on May 5, 2008. The modification clarified that the claimant's spouse's entitlement to permanent total disability benefits is contingent upon remaining married to the claimant and is terminated upon death, remarriage, or divorce.

slip and fall4,500 words

Morris v. Air Hydraulics(2013)

January 10, 2013

affirmed

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Jacob Morris's occupational carpal tunnel syndrome in his left wrist, contracted on October 1, 2008. The award provided 16.5% permanent partial disability compensation totaling $3,156.00 from the Second Injury Fund, with the employer's portion previously settled.

carpal tunnel1,500 words

Burke v. City of St. Louis(2013)

January 10, 2013

affirmed

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to James Burke for a compensable occupational disease injury to his cervical spine. The decision rejected the Second Injury Fund's argument that occupational diseases are excluded from triggering Second Injury Fund liability.

occupational disease2,005 words

Coleman v. Jarrell Contracting and Service Company(2013)

January 10, 2013

affirmed

The LIRC affirmed the administrative law judge's award allowing workers' compensation for Michael Coleman's bilateral carpal tunnel syndrome, rejecting the Second Injury Fund's argument that occupational diseases are excluded from the definition of compensable injury. The decision reaffirms consistent prior rulings and aligns with recent appellate court decisions on the same issue.

carpal tunnel2,575 words

Gibbons v. St. Louis University Hospital(2013)

January 10, 2013

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits for Kristine Gibbons, finding that her alleged low back injury while restraining a patient did not arise out of and in the course of employment. No compensation was awarded, and the Second Injury Fund claim was also denied due to the lack of a compensable primary injury.

back9,303 words

Music v. Red Brick Management(2013)

January 3, 2013

modified

The Commission modified the administrative law judge's decision in a workers' compensation case involving employee Fadil Music, who claimed aggravation of a preexisting personality disorder during treatment. The Commission reversed the finding that the Second Injury Fund was not liable and found the administrative law judge's decision contained misstatements of law and factual findings not supported by evidence.

occupational disease9,336 words

Ives v. Triple Crown Services(2012)

December 28, 2012

affirmed

The Commission affirmed the administrative law judge's award denying workers' compensation benefits to Jerome Ives for a work-related back injury sustained on April 19, 2006, while employed as a truck driver. The employee suffered a herniated disc at L4-5 requiring fusion surgery, but the award was denied despite expert testimony regarding permanent total disability and Second Injury Fund liability claims.

back4,848 words

Payne v. J. B. Hunt Transport, Inc.(2012)

December 28, 2012

reversed

The Commission reversed the administrative law judge's award finding the Second Injury Fund liable for permanent total disability benefits for an employee who suffered bilateral rotator cuff tendonitis from a fall on ice in a truck stop parking lot on December 24, 2004. The employee had significant preexisting conditions including cardiovascular disability from a prior heart attack, diabetes, and sleep apnea, which complicated the assessment of disability attributable solely to the primary shoulder injury.

shoulder6,497 words

Wyckoff v. City of Lee's Summit(2012)

December 28, 2012

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation to employee Douglas Wyckoff, finding that the employer was liable for past medical expenses despite initially denying treatment based on a competing medical opinion. The Commission held that once an employer denies compensation for a work injury, the employee may pursue independent treatment and later seek reimbursement, as the employer waives its statutory right to direct care.

occupational disease2,165 words

Woods v. Village Green Management Company(2012)

December 19, 2012

modified

The Commission modified the Administrative Law Judge's award to eliminate the Second Injury Fund's liability for disfigurement benefits of $2,786.60 that the employer had already paid to the employee. The Commission affirmed all other aspects of the decision and awarded the Second Injury Fund liability of $2,124.78 in permanent partial disability benefits based on a calculation of 7.625 weeks of overall greater disability.

traumatic injury2,135 words

Garlock v. Haines Finishing Company(2012)

December 19, 2012

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Elizabeth Garlock for a lumbar spine injury sustained on April 28, 2003 while lifting in the course of employment. The claimant was awarded permanent partial disability compensation of 31% of the body as a whole, with total benefits of $65,398.22 payable by the employer/insurer and Second Injury Fund.

back3,623 words

Taylor v. Corporate Interiors, Inc.(2012)

December 14, 2012

affirmed

The Missouri LIRC affirmed the Administrative Law Judge's award granting workers' compensation to Jeffrey Taylor, finding him permanently and totally disabled due to lower extremity injuries combined with preexisting conditions. The Commission clarified that credible expert testimony established employee's sedentary work limitations from the primary injury, combined with preexisting upper extremity disabilities, rendered him unable to compete for employment.

lower extremity3,402 words

Tippen v. Ken Barbee d/b/a KMB Construction(2012)

December 14, 2012

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent total disability compensation to David Tippen, with a supplemental opinion clarifying the dependency entitlement of his wife Mary Tippen under Missouri workers' compensation law. The decision addressed whether dependents retain rights to permanent total disability benefits following the 2008 legislative amendments that expressly rejected the Schoemehl holding.

17,465 words

Ellington v. Harrah's Casino(2012)

December 14, 2012

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to Michael Ellington against the Second Injury Fund, finding that his primary injury combined with preexisting disabilities rendered him permanently and totally disabled. The Commission issued a supplemental opinion to clarify the dependency benefits entitlement of the employee's wife under Missouri workers' compensation law, addressing issues raised by subsequent case law.

4,470 words

Pitman v. Sanofi Aventis(2012)

December 14, 2012

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Debra Pitman for carpal tunnel syndrome in her right hand, rejecting the Second Injury Fund's argument that occupational diseases do not qualify as compensable injuries. The decision reaffirmed established precedent that carpal tunnel syndrome constitutes a compensable occupational disease injury under Missouri Workers' Compensation Law.

carpal tunnel3,111 words

Pearson v. Henry's Wrecker Service(2012)

December 11, 2012

modified

The LIRC modified the administrative law judge's decision to allow compensation for post-traumatic stress disorder (PTSD) resulting from a February 7, 2009 work accident involving a tow-truck driver. The decision addresses disputes regarding permanent partial disability, temporary total disability, medical expenses, and the credibility of medical experts regarding the employee's injuries.

occupational disease8,343 words

Porter v. RPCS, Inc.(2012)

December 7, 2012

affirmed

The Commission affirmed the administrative law judge's award denying workers' compensation benefits to Jackie Porter for a hip injury and back aggravation sustained in a fall on July 16, 2009. The employee's testimony regarding the circumstances of the fall was found to be unreliable due to memory and cognition problems, and insufficient credible evidence established that the injury arose out of and in the course of employment.

hip5,173 words

Adkinson v. Argosy Riverside Casino(2012)

December 7, 2012

affirmed

The Commission affirmed the ALJ's award of workers' compensation benefits to an employee who fell at work on December 31, 2009, sustaining injuries to her left arm, shoulder, hip, and back. The employee was awarded past medical expenses, temporary total disability benefits, permanent partial disability benefits, and disfigurement compensation.

back13,899 words

Jones v. Special School District of St. Louis(2012)

December 6, 2012

modified

The Commission modified the ALJ's award regarding the Second Injury Fund's liability for an employee's work-related low back injury sustained when struck by a student. The employee's primary injury (12.5% PPD) combined with preexisting spinal kyphosis (20% PPD) and left knee disability (35% PPD), requiring recalculation of the Fund's enhanced liability obligation.

back1,105 words

Simpson v. Lyon Sheet Metal(2012)

November 28, 2012

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Michael Simpson for a low back injury sustained on July 12, 2007, while unloading and stacking metal sheets at Lyon Sheet Metal. The Commission approved total compensation of $27,560.99 for medical expenses, temporary total disability, and permanent partial disability benefits.

back4,084 words

Woodruff v. Health Management Associates, Inc.(2012)

November 28, 2012

modified

The Labor and Industrial Relations Commission modified the administrative law judge's April 17, 2012 award in a workers' compensation case involving Shirley Woodruff's compensable back injury sustained on July 11, 2007. The modification established that the employee's husband is entitled to receive permanent total disability benefits contingent upon remaining married to the employee and her predeceasing him.

back10,288 words

Burke v. Heartland Health Systems(2012)

November 26, 2012

modified

The Labor and Industrial Relations Commission modified the Administrative Law Judge's June 1, 2012 award, increasing the permanent disability rating from 30% to 35% body as a whole and increasing permanent partial disability compensation from 120 weeks to 140 weeks. The modified total compensation payable to the claimant was increased to $49,996.00.

neck/cervical spine2,130 words

Luster v. Robert Luster(2012)

November 26, 2012

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Robert Luster's bilateral carpal tunnel syndrome, rejecting the Second Injury Fund's argument that occupational diseases are excluded from triggering Second Injury Fund liability. The decision reaffirmed prior Commission precedent and cited recent Court of Appeals decisions supporting this interpretation of Missouri Workers' Compensation Law.

carpal tunnel3,048 words