OTT LAW

All Decisions

1,267 decisions in the archive

Reid v. Security Armoured Car Services, Inc.(2005)

September 14, 2005

modified

The Labor and Industrial Relations Commission modified the administrative law judge's March 31, 2005 award, correcting procedural errors including the date of injury (July 31, 2000) and first treatment date (July 31, 2000 rather than August 1, 2005). The Commission affirmed the allowance of attorney's fees, though a dissenting opinion argued for compensation of knee injuries claimed by the employee.

knee3,352 words

Jenkins v. Superior Bowen Asphalt Company(2005)

September 14, 2005

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for an occupational disease claim. The employee, who loaded, unloaded, and drove trucks carrying heavy construction equipment from 1984 through December 1, 2001, suffered injuries to bilateral knees, back, and body as a whole that arose out of and in the course of employment.

occupational disease3,672 words

Durley v. Anheuser-Busch, Inc.(2005)

September 14, 2005

affirmed

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Donnell Durley for tinnitus allegedly developed after retirement from Anheuser-Busch. The claimant failed to establish that the occupational disease arose out of and in the course of employment, resulting in no compensation awarded.

hearing loss2,978 words

Downing v. Mud Brothers, Inc.(2005)

September 14, 2005

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to Jay Downing for an accident occurring on August 28, 2003. The Commission found that the employee transported tools to his home for personal convenience rather than employer benefit, and rejected the applicability of the mutual benefit doctrine to make the accident compensable.

4,053 words

Temple v. Smurfit Stone Container Corporation(2005)

September 9, 2005

affirmed

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Tim Temple for a spontaneous pneumothorax that occurred on October 3, 2000. Medical evidence did not establish that the spontaneous pneumothorax was work-related, despite the injury occurring while the employee was loosening a bolt with a wrench.

spontaneous pneumothorax3,024 words

Bratcher v. GKN Aerospace(2005)

August 30, 2005

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Paul Bratcher for plantar fasciitis caused by wearing rigid steel-toed shoes on hard concrete floors. The claimant was awarded $4,663.91 in total compensation consisting of unpaid medical expenses and permanent partial disability benefits.

occupational disease3,487 words

Woody v. St. John's Health Systems, Inc.(2005)

August 30, 2005

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to employee Connie Woody for an injury occurring on February 19, 1996 in Greene County, Missouri. The Commission found the award was supported by competent and substantial evidence and made in accordance with the Missouri Workers' Compensation Act.

273 words

Kuegler v. Jim Martin, L.L.C.(2005)

August 30, 2005

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that the employee's motor vehicle accident injury arose out of and in the course of employment. The Commission determined all findings were supported by competent and substantial evidence under the Missouri Workers' Compensation Act.

back3,019 words

Canada v. Western Union Financial Services(2005)

August 24, 2005

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing temporary compensation for an occupational disease claim filed by Mary Canada for wrist injuries sustained from 20 years of typing work. The case involves a temporary award subject to further order, with the Second Injury Fund left open as an additional party.

carpal tunnel5,868 words

McCurter v. Cassens Transport Company(2005)

August 23, 2005

affirmed

The LIRC affirmed the administrative law judge's denial of workers' compensation benefits, finding that the employee's truck driving job was not a substantial factor in developing carpal tunnel syndrome. One commissioner dissented, arguing that medical evidence linked truck driving and repetitive hand use to the condition and that it should be compensable.

carpal tunnel3,592 words

Collier v. Ameren UE(2005)

August 23, 2005

affirmed

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Winfred Collier for carpal tunnel syndrome. The court found that the employee's condition was attributable to non-work-related risk factors including age, gender, hormonal changes, and obesity rather than workplace injury.

carpal tunnel syndrome3,802 words

Thomas v. Rose Metal Products(2005)

August 19, 2005

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation to Angeline Thomas for an alleged injury on September 10, 2003. The Commission found that the administrative law judge correctly evaluated the lay and medical testimony presented in the case.

5,011 words

Politte v. Arrowhead Contractors(2005)

August 10, 2005

modified

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award regarding death benefits for dependents of Kevin G. Politte, who died from a work-related accident on May 14, 2002. The Commission affirmed in part and reversed in part the determination of which dependents qualified for workers' compensation death benefits under Missouri law.

occupational disease7,617 words

Graves v. Roadway Express(2005)

August 9, 2005

affirmed

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Oscar Graves for a right shoulder injury sustained while lifting a dock plate on December 20, 2000. The employee was awarded 40 percent permanent partial disability and permanent total disability benefits from the Second Injury Fund.

shoulder7,476 words

Ragsdale v. Litton Advanced Circuitry(2005)

August 8, 2005

affirmed

The Missouri LIRC affirmed the Administrative Law Judge's award allowing workers' compensation to Cayree Ragsdale for repetitive strain injuries to both wrists and hands sustained on June 24, 1999. The claimant was awarded 20% permanent partial disability to both upper extremities, 8 weeks of permanent partial disability compensation, 8 weeks of disfigurement compensation, and future medical care for hardware removal.

carpal tunnel13,279 words

Jennings v. Station Casino St. Charles(2005)

August 4, 2005

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Cheryl Jennings for a workplace injury on September 16, 1997. The Commission agreed that a previously ordered medical procedure was not causally related to the injury and therefore medical expenses and disability stemming from that procedure were not compensable.

39,111 words

Moore v. ASARCO, Inc. and Doe Run Company(2005)

August 4, 2005

affirmed

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Garry Moore's occupational injuries to his neck and body sustained on multiple dates between July 1998 and May 2001 while employed by ASARCO, Inc. and Doe Run Company. The employee was found to have permanent and total disability, with compensation awarded for temporary total disability and necessary medical aid.

neck12,175 words

Martinez v. Nationwide Paper (now known as Xpedx)(2005)

August 4, 2005

reversed

The Court of Appeals reversed and remanded the claim, finding that the Commission's denial of benefits based on lack of direct contractual relationship between claimant and Nationwide Paper was a misapplication of law. David Martinez, a self-employed lumper, was injured on May 26, 1999 while unloading a truck at Nationwide's facility after being contracted by the truck driver.

1,993 words

Czuppon v. Midwest Woodworking(2005)

July 26, 2005

5,614 words

Cenatiempo v. William Rice Designs(2005)

July 22, 2005

6,877 words

Veldman v. ITEC Attractions, Inc., d/b/a IMAX Entertainment(2005)

July 22, 2005

271 words

Vaughn v. Missouri Department of Public Safety(2005)

July 22, 2005

19,979 words

Sanders v. Echlin/Pacer Industries(2005)

July 22, 2005

7,112 words

Rogers v. Bi-State Development Agency(2005)

July 22, 2005

3,597 words

Pierce v. BSC, Inc. (Bratton Steel Corp.)(2005)

July 22, 2005

6,353 words