All Decisions

The Missouri LIRC affirmed the administrative law judge's award finding the employee permanently and totally disabled as a result of work-related injury, with the employer/insurer liable for permanent total disability benefits, future medical care, and spousal nursing care. The Commission modified the award to address issues including past medical expenses totaling $266,479.90, attorney's fees, and credits for previously paid benefits through November 12, 2009.

The Commission modified the ALJ's decision by finding that the employee attained maximum medical improvement (MMI) on January 24, 2005, rather than December 14, 1998, based on evidence of continued treatment and surgeries after the initial MMI date. The employee was found to be permanently and totally disabled due to preexisting disabilities combining with permanent partial disabilities from a February 1996 work-related injury, with the Second Injury Fund liable for ongoing permanent total disability benefits.

The Commission reversed the Administrative Law Judge's denial of workers' compensation benefits, finding that the employee sustained a work-related injury on September 23, 2004, and was entitled to compensation considering preexisting conditions including a 1990 back injury and seizure disorder from a 1993 motor vehicle accident. The Commission determined that the ALJ erred in applying the Second Injury Fund statute and that the employee's prior injuries constituted hindrances and obstacles to employment that must be considered in determining permanent total disability.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee David M. Green for an alleged low back injury from lifting a road sign on July 23, 2009. The court found that the alleged injury did not arise out of and in the course of employment, and therefore was not compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Kent Spies' left shoulder injury sustained on November 9, 2006, while adjusting cardboard stacks at work. The employee was awarded compensation for temporary total disability, permanent partial disability (30%), unpaid medical expenses, and travel costs, with the Second Injury Fund bearing partial liability.

The Labor and Industrial Relations Commission reversed the Administrative Law Judge's award of compensation for bilateral carpal tunnel syndrome, finding that the employee failed to establish medical evidence of a direct causal connection between the condition and his employment. The Commission determined that without competent medical testimony establishing the occupational disease was work-related, the award was not supported by substantial evidence.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Timothy Andrews for a compensable injury to bilateral upper extremities sustained on April 1, 2004, while stopping a child from falling down stairs. The award was supported by competent and substantial evidence and complied with Missouri Workers' Compensation Law.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for James Harris, who suffered a right ankle injury when he slipped and fell on ice while making a delivery as an auto parts driver on February 6, 2004. The claim was found to be compensable under Missouri law, with permanent disability rated at 65% of the right leg, and the Second Injury Fund held liable for ongoing weekly compensation of $191.56.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to John Kinnikin for a back injury sustained on November 19, 2002, while digging with a shovel and operating heavy equipment. The employee was awarded compensation for temporary total disability, permanent partial disability (30% body as a whole), and necessary medical treatment, with liability shared between the employer's insurer and the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits in this case. No compensation was awarded as the Commission found the ALJ's decision was supported by competent and substantial evidence and complied with Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award regarding Second Injury Fund liability for Donald Mayse, who was found to be permanently and totally disabled due to a combination of his work injury and preexisting disabling conditions. The Commission affirmed Missouri jurisdiction and permanent total disability status but corrected the calculation of Second Injury Fund compensation to properly account for the extent of permanent partial disability from the last injury.

The Commission modified the ALJ's award by rejecting the apportionment of permanent partial disability to preexisting conditions, finding no competent evidence supported such apportionment. The Commission affirmed the disability ratings of 25% for the left shoulder and 18% for the left elbow, but attributed all such disability to the October 2006 work-related injury.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to William Maxwell for an inguinal hernia suffered on April 10, 2004, when he slipped on a wet, soapy floor while washing a bus at Three Rivers Travel. The injury was found to be compensable under Missouri law, with benefits awarded for temporary total disability and necessary medical aid.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Craig Bonar for injuries to his right and left lower extremities sustained in a workplace fall on June 30, 2007. The employee was awarded permanent partial disability compensation of 23.5% for the right lower extremity and 20% for the left lower extremity at the 155-week level, along with medical expense coverage and temporary disability benefits.

The Missouri LIRC affirmed the administrative law judge's decision denying workers' compensation benefits in this case. The Commission found that the award was supported by competent and substantial evidence and was made in accordance with Missouri Workers' Compensation Law.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation to employee Robert Starr dated August 31, 2010, finding the award supported by competent and substantial evidence and in accordance with state law. The Commission also approved the administrative law judge's determination regarding attorney's fees as fair and reasonable.

The Commission affirmed the Administrative Law Judge's decision denying compensation benefits, finding that while the injury was compensable and arose out of employment, no additional benefits were awarded as the claim had been previously settled. The Second Injury Fund was found to have no liability under Missouri law.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Rick Powell for a left knee injury sustained on April 21, 2003, when he slipped on a screed machine at work. The award includes permanent partial disability compensation, permanent total disability benefits from the Second Injury Fund, and future medical treatment for the total knee replacement.

The Commission affirmed the Administrative Law Judge's temporary award finding the employee's injury from a fireworks display explosion compensable under Missouri law. The Second Injury Fund was held liable for temporary disability compensation of $13,157.58.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Roy Mussett, finding no compensable injury or occupational disease occurred. The employee failed to appear at the final hearing and was found in default, resulting in no compensation being awarded.

The Commission modified the administrative law judge's award regarding whether the alleged dependent Irene Goff retained the right to continuing permanent total disability benefits after the employee's death. The decision applies the June 2008 statutory amendments that rejected the Schoemehl decision and terminated unaccrued permanent total disability compensation rights upon the injured employee's death, analyzing whether these amendments applied retroactively to this case.

The Missouri LIRC reversed the Administrative Law Judge's decision and found the Second Injury Fund liable for employee Joe Edwards' permanent total disability, which resulted from a combination of his primary work-related back injury and preexisting cervical spine and right arm disabilities. The Commission determined that the ALJ erred in finding no Second Injury Fund liability by failing to properly consider the employee's documented preexisting disabling conditions.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Janet K. Carter for a thoracic spine injury sustained on January 20, 2002, when she slipped and fell at work. The claimant was awarded 20 weeks of permanent partial disability compensation totaling $6,588.40, representing 5% permanent disability of the body as a whole.

The Commission reviewed the administrative law judge's June 14, 2010 award and affirmed it except for a modification to question 3 on page 1, changing the answer from "yes" to "no." The final award denies workers' compensation benefits based on competent and substantial evidence in accordance with Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Anthony Darris, a security officer who claimed injury to both feet from walking and standing during work. The Commission found that the alleged injury did not arise out of and in the course of employment and therefore was not compensable under Missouri Workers' Compensation Law.