All Missouri workers' compensation decisions

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 Commission affirmed the administrative law judge's award allowing compensation to employee Donna Bolerjack for a work-related low back injury, finding the award supported by competent and substantial evidence. The decision resolved disputes over medical expenses, disability nature and extent, and temporary total disability benefits by crediting the administrative law judge's determination regarding which medical expert provided more credible testimony on the employee's condition and maximum medical improvement.

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.

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.