All Decisions

The Commission affirmed the administrative law judge's award of workers' compensation benefits to James Wilford for multiple injuries sustained in a tractor-trailer accident on April 22, 1995 in Callaway County, Missouri. Benefits awarded include temporary total disability compensation, permanent partial disability, and disfigurement compensation totaling over $104,000.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Terry Henry for an alleged accident on March 29, 2007. The Commission found that the injury did not arise out of and in the course of employment under Chapter 287 of Missouri law.

The Commission affirmed the administrative law judge's decision finding that the Division lacked jurisdiction over the employee's workers' compensation claim because the injury was sustained outside Missouri and the employment was not principally localized in Missouri. The case hinged on whether the contract of employment was made in Missouri or another state, with the evidence showing the employee lived in Arkansas and performed work primarily in the northeast United States.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Robert Workman for injuries sustained when he fell while pushing a barrel of trash on December 5, 2003. The employee was awarded temporary disability compensation, medical aid, and future medical treatment for his left hip fracture and left shoulder injury.

The Commission affirmed the denial of compensation for a claim of work-related bilateral carpal tunnel syndrome alleged to have occurred through January 29, 2007, finding it was the same medical condition for which the employee was diagnosed and treated in 2004. Because the employee failed to establish a new and distinct injury caused by repetitive trauma through the alleged 2007 date, the claim was denied.

The Commission modified the administrative law judge's award, affirming a 60% permanent partial disability rating for multiple injuries (closed head injury, bilateral shoulders, cervical problems, chronic pain, depression) plus 4 weeks for disfigurement, totaling 244 weeks of employer liability. The Second Injury Fund was found liable for permanent total disability benefits of $649.32 per week for the employee's lifetime, despite the Fund's appeal arguing the permanent total disability resulted solely from the primary injury.

The Commission affirmed the Administrative Law Judge's award granting compensation to machine operator Gina Bommarito for carpal tunnel syndrome in her left wrist sustained on February 15, 2005. The claimant was awarded 20% permanent partial disability benefits and lifetime compensation through the Second Injury Fund.

The Commission affirmed the Administrative Law Judge's award denying all workers' compensation benefits in this case. Although the injury occurring on December 28, 2000, when the claimant caught his foot on a skid and rolled, was deemed compensable under Missouri law, no permanent disability was found and no compensation was awarded.

The Commission affirmed the Administrative Law Judge's decision denying additional compensation to employee Lisa Bowman for a head injury sustained on June 13, 2004, when she struck her head on a metal object while picking up debris. Although the injury was found to be compensable and temporary disability and medical benefits totaling approximately $19,600 were previously paid, no permanent disability was awarded and no further compensation was due.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for a back injury sustained on February 2, 2004. One member dissented, arguing the employee should have been awarded permanent total disability benefits based on medical causation of subsequent surgeries and stenosis diagnosed in 2005.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent partial disability benefits for Michael Huller's compensable May 6, 2004 work-related spine injury requiring surgical fusion and fixation. A dissenting opinion argued that future medical benefits should also be awarded based on the reasonable probability of continued treatment needs following the spinal surgery.

The Missouri Court of Appeals reversed the Commission's April 2008 award, and upon remand, the Commission affirmed the administrative law judge's October 2007 decision awarding Roger Bock 7.5% permanent partial disability of the right lower extremity resulting from a July 28, 2005 work-related injury caused by a fallen pipe. The Commission determined that lay testimony was sufficient to establish the extent of disability without requiring expert testimony in this case.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of permanent partial disability benefits for Carol Landers' compensable September 15, 2002 work-related injury. A dissenting opinion argued for permanent total disability benefits based on vocational expert testimony that the employee was unemployable in the open labor market due to pain and inability to perform any level of work.

The Commission affirmed the administrative law judge's award finding that the employee's ankle sprain injury arose out of and in the course of employment when her ankle rolled while descending a work step. A dissenting opinion argued the injury should not be compensable as the hazard of descending stairs was not unique to employment.

The Missouri LIRC reversed the administrative law judge's prior denial and awarded benefits to Ronald Kliethermes for heart arrhythmias (atrial fibrillation and atrial flutter) worsened by an on-the-job electrical shock. The court found that the employee established a substantial causal connection between the electrical shock and the need for pacemaker implantation, constituting a compensable change in pathology.

The Commission modified the administrative law judge's award, concluding the employee is entitled to permanent total disability against the Second Injury Fund rather than permanent partial disability enhancement. The employee suffered a work-related left eye injury on February 17, 2004, while working as a truck driver, which resulted in significant vision loss that prevented him from safely continuing his employment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to parts salesman Chris Rigney for an alleged thoracic spine injury sustained on January 7, 2006. The Commission found that the injury did not arise out of and in the course of employment and therefore was not compensable under Missouri law.

The Missouri Court of Appeals reversed the Commission's denial of future medical benefits, and the Commission affirmed the administrative law judge's award granting future medical treatment for the employee's work-related knee injury. The employee was awarded $13,882.00 in permanent partial disability compensation (25% disability) plus open medical benefits for ongoing treatment as needed.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Joy D. Stewart, finding that her alleged injury did not arise out of and in the course of employment. The Commission determined that the claimed emotional and physical injuries were not compensable under Missouri workers' compensation law.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for an employee's alleged lower back injury from slipping on a wet surface at work. The claim against the Second Injury Fund was denied, and no compensation was awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding that the employee's bilateral upper extremity injury from repetitive use was a compensable occupational disease arising out of and in the course of employment. The award is temporary/partial with future medical treatment to be provided by the employer, and the case remains open pending final determination.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for Mark Harvath's work-related neck and left upper extremity injury sustained on October 15, 2007, while driving a truck for United Parcel Service. The award is temporary or partial, covering unpaid medical expenses of $3,962.00 with future medical care and temporary total disability benefits to be determined, with the case kept open for final determination.

The Commission affirmed the Administrative Law Judge's final award denying compensation in this fatal workers' compensation case involving employee Benjamin Vice who was killed while driving a truck on August 19, 2005. Although the injury was found to be compensable and arose out of employment, no benefits were awarded, with the dependent (mother Stacey Kohl) receiving no compensation.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for William Cochran's occupational disease resulting from repetitive use of bilateral upper extremities, finding 20% permanent disability to the body as a whole. The award included permanent partial disability benefits and medical expenses totaling $43,054.56, with ongoing medical care authorized.