All Decisions

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Linda Taylor for injuries sustained in a fall through a doorway on August 18, 2008. The employee was awarded permanent partial disability benefits for the left ankle (20% PPD) and right elbow (15% PPD), with the Second Injury Fund providing permanent total disability benefits.

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.

The Commission modified the ALJ's award, revising the permanent partial disability assessment for a left knee injury sustained on November 19, 2010, when the employee subdued an unruly inmate while working as a lieutenant in the Lafayette County Sheriff's Department. The case addresses whether the employee's 22.5% permanent partial disability award and entitlement to future medical care are supported by competent and substantial evidence.

The Commission affirmed the Administrative Law Judge's award allowing compensation for an acute synovitis injury to the left knee sustained on July 15, 2008, when the employee struck his knee at work. The Commission found that while the injury caused acute inflammation and swelling, the medical evidence did not support a finding of permanent partial disability, as the preexisting condition was determined to be the prevailing factor rather than the work injury.

The Commission reversed the Administrative Law Judge's decision denying permanent partial disability benefits, finding that the employee suffered compensable psychiatric injury (major depression and panic disorder with agoraphobia) with preexisting conditions amounting to 30% permanent partial disability. The Second Injury Fund was found liable for additional permanent total disability benefits based on the combined effect of work-related and preexisting conditions.

The Missouri Court of Appeals affirmed the Commission's May 26, 2011 Final Award regarding Willie White's permanent partial and permanent total disability benefits, but vacated and remanded the portion concerning his surviving dependent's entitlement to succession benefits. The Commission, on remand, adopted the administrative law judge's award of permanent partial and permanent total disability benefits to the employee while clarifying that Schoemehl applies to determine the surviving dependent's rights to unpaid benefits, rejecting the restrictive interpretation that the claim must have originally been filed as permanent total disability.

The Commission reversed the administrative law judge's denial of workers' compensation benefits for the deceased employee, a Deputy Chief of the Liberty Fire Department who died from hypertension, enlarged heart, and arteriosclerosis. The decision recognizes that the employee's work duties, including emergency response and occupational exposures, were substantial factors in causing the fatal cardiac condition.

The Commission affirmed that the employee sustained a compensable injury by accident on July 31, 2008, and modified the administrative law judge's award to clarify medical causation findings. The Commission found Dr. Amundson's opinion most credible regarding the employee's low back injury and disc herniation resulting from the workplace accident.

The Commission affirmed the Administrative Law Judge's award of workers' compensation for Charles Harris III, who developed bilateral carpal tunnel syndrome from repetitive use of his hands as a contractor. The Second Injury Fund was ordered to pay 21.53 weeks of permanent partial disability benefits totaling $8,712.33 for 15% permanent partial disability of both wrists.

The Missouri LIRC affirmed the ALJ's award finding employee Wanda Wright permanently and totally disabled solely due to physical and psychological disabilities from the primary injury. Permanent total disability benefits were awarded commencing March 26, 2008, the day following termination of temporary total disability benefits.

The Commission modified the administrative law judge's award in a workers' compensation case involving an occupational disease claim for repetitive work injury to the right shoulder. The employee was awarded compensation for temporary total disability and permanent partial disability benefits, with modifications regarding notice, medical expenses, Second Injury Fund liability, and future medical treatment.

The Missouri Court of Appeals reversed and remanded the Commission's July 2011 award, instructing determination of pre-award interest on medical expenses. The Commission modified the December 2010 administrative law judge's award by supplementing it with $26,384.01 in pre-award interest at 9% per annum from July 20, 2006, through October 15, 2012, and affirmed all other aspects of the original award.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Hiba Sadic for an alleged right shoulder injury occurring on April 4, 2006, while working on a production line at Semco Plastics Company. The Commission found that the injury did not arise out of and in the course of employment, and therefore no compensation was awarded.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding the employee permanently and totally disabled from a compensable work injury sustained on October 18, 2006, when struck by falling lumber. The Commission rejected the employer/insurer's argument regarding Second Injury Fund liability, clarifying that such liability only applies when primary injury results in permanent partial disability, not total disability.

The Commission affirmed the Administrative Law Judge's award finding that employee Rosario Grado sustained a compensable back injury while lifting a gate in the course of employment on August 1, 2008. The employee was awarded 12.5% permanent partial disability through settlement with the employer and permanent total disability benefits from the Second Injury Fund.

The Labor and Industrial Relations Commission modified the administrative law judge's award to include provisions for the employee's wife to receive Permanent Total Disability benefits in the event of the employee's death while married. The employee was struck and twisted by a forklift on June 3, 2008, causing injury to his low back and right lower extremity, with a settlement based on 25% permanent partial disability of the right knee and 2% of the body as a whole related to the back.

The Commission reversed the Administrative Law Judge's award of workers' compensation benefits to an employee who slipped and fell on stairs in a shared office building stairwell, finding that the employee failed to prove her injuries arose out of and in the course of her employment. The reversal was based on the determination that the employer did not own or control the common area where the fall occurred.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Barbara Shupe for a work-related lumbar injury (herniated disc and piriformis syndrome) sustained on August 31, 2009. The Commission found the employee met her burden on medical causation, temporary total disability, and permanent partial disability benefits.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Barbara Shupe for a work injury sustained on September 15, 2009. The decision upheld liability for past medical expenses and temporary total disability benefits, finding the employer was on notice of the employee's need for treatment but failed to provide it.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing compensation for Barbara Magouirk's bilateral carpal tunnel syndrome developed from repetitive hand use in employment. The Commission rejected the Second Injury Fund's argument that occupational diseases are excluded from the definition of 'injury' for purposes of Second Injury Fund liability.

The Commission modified the ALJ's award finding the employee permanently and totally disabled from a February 5, 2007 work-related head injury. The Commission reassessed the employee's disability status considering medical opinions regarding traumatic brain injury with cognitive deficits and competing causation arguments involving a prior non-work head injury.

The Commission affirmed the ALJ's Final Award denying compensation to employee Jayson Brockhouse, finding that the employee failed to meet his burden of proof regarding notice and medical causation of a May 30, 2008 workplace accident. The decision upholds the denial of claims against both the employer and the Second Injury Fund.

The Commission affirmed the administrative law judge's award allowing compensation for James Hershel Demore's work-related motor vehicle accident that occurred on June 29, 2009 while traveling to respond to a vandalism and burglary incident for his employer. The award covered unpaid medical expenses of $7,426.77 with a 25 percent attorney's lien.

The Commission affirmed the Administrative Law Judge's award granting permanent total disability benefits to Clyde Crane for a left shoulder injury sustained on July 2, 2008, finding that medical evidence supported causation despite preexisting shoulder problems. The court determined that the work injury caused a rotator cuff tear and was the prevailing factor in the employee's permanent total disability, with benefits to be paid by the Second Injury Fund.

The Commission affirmed the ALJ's amended award granting Ozie C. Prier permanent total disability benefits against the Second Injury Fund, with a maximum medical improvement date of December 20, 2007. The Commission rejected arguments from the employee and Second Injury Fund regarding an earlier MMI date and the alleged overpayment credit for temporary total disability benefits.