Filtered Decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award and decision regarding liability in this workers' compensation case dated March 20, 2008. The award is temporary or partial in nature, with proceedings remaining open pending a final award.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits to employee Yolanda Bridges for alleged occupational disease (bilateral carpal tunnel syndrome). The Commission found that the employee failed to establish that her job duties as a guest services representative were the prevailing factor in developing her condition.

The Commission affirmed the Administrative Law Judge's award denying all workers' compensation benefits, finding that the employee's alleged carpal tunnel syndrome from loading and unloading portable toilets was not a compensable injury under Missouri workers' compensation law. No compensation, medical benefits, or Second Injury Fund liability were awarded.

The Commission modified the administrative law judge's award of past medical expenses, reducing the amount from $35,789.24 to $32,697.58 by excluding medical bills not supported by evidence in the record. The Commission affirmed that the employee's treatment, including an L5-S1 lumbar interbody fusion, was causally related to the work injury and that the employer/insurer failed to prove the medical expenses were unreasonable.

The Missouri Court of Appeals affirmed the Labor and Industrial Relations Commission's dismissal of the employee's motion to enforce a permanent total disability award against the Second Injury Fund. The Commission was remanded to issue a complete and clear award specifying from whom the employee is entitled to recover all permanent total disability benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding the employee's work-related injury to the neck, left shoulder, and left upper extremity compensable under Missouri Workers' Compensation Act. The decision awards temporary total disability benefits and medical aid, with the case remaining open for final determination.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Betty Hauser-Rapp for an alleged injury on July 21, 2006. The Commission found the award was supported by competent and substantial evidence and made in accordance with the Missouri Workers' Compensation Act.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for an employee who fell off a ladder and sustained a right knee injury on September 17, 2002. The award totaled $51,025.88, including medical benefits, temporary total disability, and permanent partial disability compensation of 45%.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Richard Walters for a fall into a wall on October 27, 2000. Although the injury was determined to be work-related and compensable, no benefits were awarded in this settled case.

The Commission affirmed the Administrative Law Judge's award of workers' compensation to Debbie Maher for a compensable occupational disease of the hands and wrists caused by repetitive typing/keyboarding in awkward positions. The employee was awarded $18,931.66 in permanent partial disability compensation for 17.5% left wrist, 15% right wrist, 10% multiplicity, and two weeks disfigurement.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award regarding liability in this workers' compensation case. The award is temporary or partial in nature, with proceedings remaining open for final determination.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Dennis Schneider for injuries sustained in a slip and fall on a conveyor belt on September 20, 2002. The employee was awarded permanent partial disability compensation totaling multiple percentages across bilateral upper extremities and thoracic/chest strain, with temporary disability benefits of $59,366.40 and medical aid of $73,764.20 already paid.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Ronald Clark for injuries sustained when he fell from a 26-foot ladder while performing electrical work on May 22, 2001. The claimant's injuries to his right leg, back, hip, left leg, head, and psyche, including Complex Regional Pain Syndrome and soft tissue injuries, were found to be compensable occupational injuries arising out of and in the course of his employment.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to Dennis Pape for an injury occurring on May 2, 2005 at a collision center in St. Louis County. The majority found that the employee failed to meet his burden of proof that the injury arose out of and in the course of his employment, though a dissenting opinion argued the decision should be reversed based on the personal comfort doctrine.

The Commission modified the administrative law judge's award regarding temporary total disability benefits, finding that the employee was underpaid rather than overpaid. The employee was entitled to temporary total disability benefits from October 16, 2002 through April 14, 2005 (130 2/7 weeks at $647.36/week), totaling $84,341.76, but the employer only paid between $73,564.37 and $73,769.40, resulting in an underpayment of $10,572.36 to $10,777.39.

The Missouri Court of Appeals reversed a portion of the LIRC's February 2007 Final Award regarding future medical care, remanding the matter back to the Commission. On remand, the Commission affirmed the administrative law judge's denial of the employee's request for future medical care.

The Missouri Court of Appeals reversed the Commission's prior denial of death benefits, finding that the employee's religiously-motivated refusal of blood transfusion treatment was reasonable and not an unreasonable refusal under Section 287.140.5 RSMo. The Commission awarded death benefits to the widow commencing May 1, 2002, in the amount of $292.04 weekly.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that Mary Mezo sustained a compensable occupational disease injury to her bilateral hands and wrists from repetitive motion work on September 3, 2004. This temporary or partial award establishes a weekly compensation rate of $195.96 for temporary total disability/permanent partial disability, with the case remaining open for further proceedings and final determination.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Tresha Smith for permanent total disability resulting from repetitive use of power tools on an assembly line. The award includes unpaid medical expenses, temporary total disability benefits, disfigurement compensation, and lifetime permanent total disability benefits.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Petty Cheung for a right shoulder, collarbone, and neck injury sustained on October 25, 2004, while employed at Hong Kong Tea House Incorporated. The injury resulted from repetitive lifting and carrying trays and was determined to be compensable with 28% permanent partial disability to the body as a whole.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award in this workers' compensation case for employee Robert Turner. The Commission found the award was supported by competent and substantial evidence and made in accordance with the Missouri Workers' Compensation Act.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to employee Joe Rigdon for an alleged April 9, 2004 injury while operating a front-end loader. The court found that Rigdon failed to prove the accident arose out of and in the course of his employment, resulting in no compensation awarded.

The Missouri Court of Appeals reversed the initial LIRC decision and remanded the case, directing the Commission to award permanent total disability benefits to employee Debra Highley for bilateral carpal tunnel syndrome combined with multiple pre-existing conditions. The Commission issued this final award granting permanent total disability compensation against the Second Injury Fund at a rate of $504.75 weekly, finding the employee unable to sustain work in the open labor market.

The Commission reversed the administrative law judge's award of 7.5% permanent partial disability to an employee who sustained a lacerated right leg from a metal pipe strike, finding no competent medical evidence supported any permanent partial disability. The Commission determined that the award was based on visual inspection of a leg that had been subsequently re-injured, making it impossible to distinguish disability from the original work injury versus later unrelated events.