Filtered Decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for William Michael's occupational knee injury sustained on May 1, 2003 while pole climbing, kneeling, and squatting for Ameren UE. The claim was found compensable under Missouri law with permanent total disability benefits payable against the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation to Eric Betzold for an injury claimed on February 14, 2006, finding the injury did not arise out of and in the course of employment. A dissenting opinion argued the decision should be reversed based on 2005 amendments to the Missouri Workers' Compensation Act requiring strict construction of statutory definitions.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Leonard Froehlich for a right hip injury sustained on October 26, 2005, when he slipped while exiting a cement truck. The employee was awarded 50% permanent partial disability at the 207-week level with a weekly compensation rate of $365.08.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that the employee's low back injury from repetitive bending and lifting at the manufacturing facility was compensable under Missouri workers' compensation law. The decision awards temporary or partial benefits including necessary medical care, with the proceedings remaining open for a final award.

The Commission modified the administrative law judge's decision, finding that Second Injury Fund liability was properly placed in issue for the hearing and that the employee is entitled to permanent partial disability benefits from the Second Injury Fund. The award denying employee Second Injury Fund benefits was reversed.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation for Debra Highley's repetitive use injury to both wrists sustained on December 16, 2003, while employed at Von Weise Gear. The employee was awarded 87.6 weeks of permanent partial disability compensation at $347.05 per week from the Second Injury Fund, totaling $30,401.58.

The Commission reversed the Administrative Law Judge's decision and found that the employee sustained a compensable work-related injury when her left knee dislocated while she was putting on surgical booties as part of her housekeeping duties on January 8, 2006. The treating orthopedic surgeon testified that the knee dislocation was related to the work accident and was the primary factor leading to the injury.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Stephen Garcia for alleged injuries to his right wrist and elbow. The injury was found not to have arisen out of and in the course of employment, resulting in no compensation being awarded.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in this case involving a deceased employee (Nianguo Zhang) and spouse dependent (Yeping Sun). The injury or occupational disease was determined to not be compensable under Missouri law, with no accident or incident of occupational disease found to have occurred.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for injuries sustained in a motor vehicle accident on November 18, 2003. The employee received permanent partial disability awards for left elbow (45%), low back (5%), and cervical spine (25%), with the Second Injury Fund liable for permanent total disability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to Owen Wedig. 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 law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Tobias H. Fortenberry for an alleged right knee injury sustained on August 20, 2004, at a store in Perryville, Missouri. The Commission found that the injury did not arise out of and in the course of employment and was therefore not compensable under Missouri's Workers' Compensation Act.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Phillip Wheelington for a low back injury sustained on January 24, 2001, while moving a refrigerator up stairs at McBaine Contracting Co. The claimant was found to have permanent total disability with compensation awarded for temporary disability payments already made and necessary medical aid provided.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Arminnie Hudson for injuries sustained in a parking lot fall on December 11, 2002. The injury was determined to not arise out of and in the course of employment, making it non-compensable under Missouri Workers' Compensation law.

The Labor and Industrial Relations Commission reversed the Administrative Law Judge's award of workers' compensation benefits, determining that the employee failed to sustain his burden of proof that he suffered an injury arising out of and in the course of employment. The employee claimed injury on October 4, 2004 while bending over to pick up a heavy metal crate at a construction site in West Plains, Missouri.

The Commission affirmed the administrative law judge's award of temporary compensation to employee Timothy Miles for an injury sustained on February 19, 2004. The decision addresses whether the injury arose out of and in the course of employment and whether participation in a voluntary recreational activity was the proximate cause, potentially forfeiting benefits.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits, finding that the employee failed to meet his burden of proving he sustained an occupational disease by repetitive trauma to his back. No expert medical evidence was presented to establish the occupational disease claim.

The Commission reversed the Administrative Law Judge's award of workers' compensation benefits for hearing loss, finding that the employee failed to meet the burden of proving that workplace noise exposure was a substantial cause of the condition. The Commission determined that Dr. McKinney's medical opinion was more credible and persuasive than Dr. Berkowitz's opinion, which had supported the employee's claim.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Charles Roy Bennett for a fall injury sustained on June 27, 2000, while performing routine maintenance on a horizontal milling machine at Gardner Denver, Inc. The employee was awarded compensation for 17.5% whole body permanent partial disability and temporary total disability benefits, with medical expenses totaling $57,255.89 already paid by the employer.

The Missouri Supreme Court reversed the LIRC's decision that permanent total disability benefits ceased upon the employee's death, holding that the widow is entitled to the unpaid balance of the PTD award. The LIRC modified the administrative law judge's award accordingly, affirming all other aspects of the decision.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits for William G. Kuehn, who sustained a back injury on March 22, 2004, while hooking cables to a crane at Mississippi Lime Company. The Commission found the injury compensable and awarded permanent total disability benefits, with the Second Injury Fund liable for the permanent total disability portion.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation for Frank Benoist, who injured his mid back while unloading heavy pipe from a trailer on June 30, 2004. The claimant was awarded 40 weeks of permanent partial disability compensation totaling $13,882.00 for 10% permanent partial disability of the body referable to the lumbar spine.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award and decision regarding liability in this workers' compensation case. The case involves a temporary or partial award with proceedings kept open for further determination of final benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Debbie Ferguson for an alleged low back injury sustained while lifting boxes on April 1, 2005. The Commission found that the 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 Lisa Nickels' low back injury sustained on August 13, 2003, while moving items at work. The Commission awarded 25% permanent partial disability of the body as a whole, unpaid medical expenses, and 100 weeks of permanent partial disability compensation totaling $36,314.36.