All Decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Ann Shinkle for bilateral carpal tunnel syndrome and right lateral epicondylitis caused by repetitive motion work as a housekeeper. The award is temporary or partial and the case remains open for further proceedings and final determination.

The Labor and Industrial Relations Commission reversed the ALJ's denial of workers' compensation benefits for an employee who injured his right ankle in a work-related fall on March 17, 2010. The Commission found that the injury satisfied the requirements of Missouri Workers' Compensation Law and awarded 30% permanent partial disability benefits for the right ankle injury.

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to Mary Grayson against the Second Injury Fund, finding that her hand and wrist injuries resulted from repetitive job duties. The employee developed pain and numbness in both hands requiring multiple finger and thumb release surgeries, and the medical evidence established the work-related injury as a substantial contributing factor to her permanent total disability.

The Missouri LIRC affirmed the administrative law judge's award denying workers' compensation to Bert Kersey, an auto mechanic who suffered hearing loss and tinnitus after a loud noise was amplified through a mechanic's stethoscope on July 11, 2007. One commission member dissented, arguing the employee should receive future medical care and permanent partial disability benefits.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Aaron Povilat for injuries sustained on April 25, 2007, while attempting to prevent a shoplifter from driving away. Although the injury was found to be compensable and work-related, the claim was denied because it was not filed within the time required by law.

The Commission affirmed the ALJ's denial of workers' compensation benefits for a claimed rotator cuff injury, finding no accident occurred and that medical evidence failed to establish the work incident as the prevailing factor in causing the injury. The employee's claim for temporary total disability benefits was also denied.

The Labor and Industrial Relations Commission reversed the administrative law judge's award that found the employee sustained a work-related accident on January 14, 2002, causing a left knee injury and subsequent death. The Commission determined that the evidence did not support a compensable work-related accident, denying all compensation benefits to the employee's widow.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Mark Winningham for a right knee injury sustained on August 18, 2005, while installing drainpipe at the Missouri Department of Transportation. The employee was awarded 32 weeks of permanent partial disability compensation at 20 percent along with future medical benefits.

The Commission reversed the Administrative Law Judge's denial of workers' compensation benefits for a May 4, 2001 lower back reinjury, finding that the employee sustained 5% permanent partial disability attributable to that injury based on independent medical evaluation. The Commission found Dr. Swaim's medical opinions more credible than the treating physician's, as he provided thorough apportionment of disability between the two separate back injuries.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Alvin Hellmann for a neck and right shoulder injury sustained on September 30, 2008, while working with pallets at Prairie Farms Dairy. The employee settled his claim for 160.6 weeks of permanent partial disability, with the commission correcting an error in the original award documentation.

The Commission affirmed the administrative law judge's award of 30% permanent partial disability for a right shoulder rotator cuff injury sustained when the employee threw a trash bag into a dumpster on April 13, 2009. The Commission substituted its own findings on the accident/occupational disease classification and medical causation issues while upholding the overall compensation award and Second Injury Fund liability determination.

The Commission modified the administrative law judge's award by removing findings on compensability that exceeded the parties' stipulated issues, which only addressed which injury was the prevailing factor in the need for medical treatment and temporary total disability benefits. The Commission clarified this as a temporary award under § 287.510 RSMo and noted that issues regarding past medical expenses were expressly reserved for later determination.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Danny E. Bell's left thumb/hand injury sustained on May 30, 2006, when his hand was caught in a machine he was operating. The injury was determined to be compensable with permanent total disability status.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Jerry Dillon for an alleged injury sustained while lifting a door. No benefits were awarded as the injury was determined not to be compensable under Missouri Workers' Compensation Law.

The Commission reversed the Administrative Law Judge's award that found the employee sustained both an accident and occupational disease injury to her right shoulder, determining instead that only the accident on April 13, 2009 was the prevailing factor causing her compensable injury. The Commission denied compensation for the claimed occupational disease and found the employee's right shoulder disability resulted from the accident injury, not repetitive work exposure.

The Commission modified the ALJ's award to grant permanent total disability (PTD) benefits from the Second Injury Fund, finding that the employee's work-related injuries to his knee, back, and neck in combination with preexisting disabilities rendered him unable to engage in substantial gainful activity. The decision upheld medical expert testimony that the employee was permanently and totally disabled as a direct result of the December 2008 work injury combined with all preexisting medical conditions.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying the employee's workers' compensation claim, finding she failed to meet her burden of proof for permanent partial disability. A dissenting opinion argued that competent evidence established the employee sustained permanent partial disability from a July 25, 2005 work injury involving a left hamstring muscle strain.

The Commission affirmed the ALJ's award of permanent partial disability benefits for an employee who suffered a crush injury to his right index finger on February 11, 2004, resulting in eventual amputation of the distal phalanx. The employee was awarded 110% permanent partial disability at the distal phalanx level, 2.5% at the wrist level, and 4 weeks for disfigurement, which the Commission found supported by competent and substantial evidence.

The Labor and Industrial Relations Commission reversed the Administrative Law Judge's award of 15% permanent partial disability combined with preexisting disabilities to render the employee permanently and totally disabled. The Commission found issues with the timeliness of the claim filing and the determination of permanent disability resulting from the April 13, 2004 low back injury.

The Commission affirmed the administrative law judge's award of workers' compensation to employee Shawna Prope for injuries sustained in a fall from a ladder on September 24, 2008, which resulted in permanent partial disability to her right knee and back. The claimant was awarded 82 weeks of compensation at $213.33 per week ($17,493.06 total) along with previously paid medical expenses and temporary disability benefits.

The Commission reversed the ALJ's temporary or partial award that found the employee sustained a compensable work injury to his lower back on December 1, 2008, while unloading a truck. The Commission determined that medical causation evidence did not support the finding that the work incident was the prevailing factor in causing the employee's lower back condition, given his extensive prior back injury history including a previous fusion.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding the Second Injury Fund liable for permanent total disability benefits for William Reed. The employee suffered multiple permanent partial disabilities from a November 2003 primary injury combined with preexisting disabling conditions of the bilateral wrists and low back.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's corrected award granting workers' compensation benefits to Todd Grauberger for a back injury sustained while moving furniture on November 19, 2001. The injury was found to be compensable, and the employee was awarded permanent total disability benefits with temporary disability compensation of $44,294.52 paid to date.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Jacob Hahne's left knee injury sustained on February 13, 2004, while working for the employer. The Commission substituted its own analysis on the issue of medical causation while affirming the overall award, rejecting the employee's arguments that the administrative law judge's medical causation findings were in error.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Raymond Nichols for a shoulder injury sustained on May 29, 2009, while shifting gears in his truck. The claimant was awarded 5% permanent partial disability to the right shoulder, totaling $4,330.63 in compensation.