Filtered Decisions

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Stephen Petelik for injuries sustained on August 19, 2003, when he fell while lifting a control panel that landed on his left arm and back. The employee was awarded permanent total disability benefits, unpaid medical expenses of $272,341.64, and temporary disability compensation totaling $185,503.60.

The Labor and Industrial Relations Commission affirmed the administrative law judge's temporary partial award finding the employee's low back injury compensable under Missouri workers' compensation law. The injury occurred on August 6, 2007 when the claimant was moving a heavy steel trash container, and the Commission awarded unpaid medical expenses and past temporary total disability benefits totaling $51,674.21 with future benefits to be determined.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Floyd Butler for an alleged accident or occupational disease occurring on December 28, 2006. The Commission found that the employee was not in the employ of the employer at the time of the alleged accident, rendering the claim non-compensable under the Missouri Workers' Compensation Act.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Jeff Lewis, finding that his alleged injury from being struck by a material cart on April 9, 2002 did not arise out of and in the course of his employment. No compensation was awarded and the claim was found non-compensable under Missouri workers' compensation law.

The Commission affirmed the Administrative Law Judge's award finding the employee's injury compensable as an accident occurring on August 14, 2002, when struck by a motorized hoe bucket while working in a trench. The employer and insurer were found liable for 2% permanent partial disability of the body as a whole, referable to the chest wall, equaling 8 weeks of compensation at $340.12 per week.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits for occupational disease, finding that the employee failed to prove her work duties were the prevailing factor causing bilateral carpal tunnel syndrome and left cubital tunnel syndrome. The evidence showed that the employer's work did not expose the claimant to hazards causing these conditions.

The Commission modified the administrative law judge's award, correcting the average weekly wage calculation from $766.56 to $1,065.80 and clarifying that permanent partial disability awards for finger injuries are not limited by statute and can include disability to the hand or wrist based on evidence. The Commission affirmed the 50% permanent partial disability rating for the index finger sustained from the January 19, 2007 work-related injury.

The Missouri LIRC affirmed the administrative law judge's award and decision dated October 29, 2008, finding it supported by competent and substantial evidence and in accordance with the Workers' Compensation Act. The Commission also approved the administrative law judge's allowance of attorney's fees as fair and reasonable.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in this case, despite finding the injury to the lumbar spine compensable under Chapter 287. The employer and insurer had previously settled their liability, resulting in no compensation being awarded to the claimant.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Zemir Harbas for a work-related injury sustained on November 21, 2004. The decision rejected vocational expert opinions that were based on medical opinions found not credible, finding instead that the employee sustained no permanent partial disability to his legs or body as a result of the workplace accident.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Sally Barbrow for an alleged occupational disease injury from aluminum dust exposure. The award found that the employee failed to establish a compensable injury or occupational disease arising out of and in the course of employment.

The Commission affirmed the administrative law judge's award denying compensation benefits in this workers' compensation case, despite finding the injury to the cervical and lumbar spine compensable and arising out of employment. The employer and insurer had previously settled their liability in the case, resulting in no additional compensation being awarded.

The Commission affirmed the administrative law judge's award, finding it supported by competent and substantial evidence and in accordance with the Missouri Workers' Compensation Act. The employee's request for remand to consider an occupational disease claim based on repetitive motion was denied because the parties did not stipulate to that issue during the hearing, and the ALJ would have exceeded his authority by considering it.

The Commission reversed the administrative law judge's decision regarding Second Injury Fund liability in a workers' compensation case involving an employee who sustained 49.9% hearing loss from industrial noise exposure. The employee and employer settled their dispute, leaving only the question of Second Injury Fund liability to be resolved on appeal.

The Commission affirmed the Administrative Law Judge's award allowing compensation for Amanda Brooke's occupational disease caused by repetitive lifting as a meat assistant. The claimant was awarded 35% permanent partial disability to the body as a whole for neck/back injury totaling $26,210.80 in compensation.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation to Theron Smith, finding he failed to prove his employment was the prevailing factor in developing myofascial pain. One dissenting commissioner argued the evidence supported an occupational disease claim and would have reversed the decision.

The Missouri LIRC affirmed the administrative law judge's award of workers' compensation benefits to Suzanne M. Miller for a lower back injury sustained on April 1, 2002, when she slipped on water and fell at a Taco Bell facility in Warrenton, Missouri. The employee was awarded $8,107.32 in total compensation consisting of temporary total disability and permanent partial disability benefits at 12.5% of the body as a whole.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that Robert Huff's hernia injury sustained on May 10, 2006, while lifting a roll of carpet at Terrace Retirement Apartments was compensable under Missouri workers' compensation law. The employer/insurer was ordered to provide necessary medical treatment, with the award designated as temporary or partial pending further proceedings.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Gustave Bopp for a cervical spine injury sustained on August 13, 2004, while hammering fence posts. Although the injury was deemed compensable and work-related, no compensation was awarded despite prior temporary disability and medical payments totaling over $142,000.

The Commission affirmed the administrative law judge's decision that the injury was not compensable under Missouri workers' compensation law, finding no accident or occupational disease arose out of and in the course of employment. No compensation or benefits were awarded in this case.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding distribution of death benefits to the dependents of a deceased employee who was killed in a work-related accident on December 7, 2007. The primary dispute concerned the calculation of the remarriage lump sum payment to the widow, with the employer appealing the amount awarded.

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to the dependent of a deceased school bus driver (Joe Ainsworth) who died following a bus accident. The case involved disputed medical theories regarding whether the employee's death resulted from a compensable work-related injury or other causes.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Grace Liggins for occupational disease claims related to neck, shoulder, and upper extremity symptoms allegedly caused by repetitive lifting duties. The majority found the employee failed to prove by competent and substantial evidence that her work duties were the prevailing factor in causing her medical condition and disability, though a dissenting opinion argued the evidence supported compensability based on reasonable probability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation to employee Roger A. Schwintek, finding the denial was supported by competent and substantial evidence. No compensation was awarded in this uninsured employer case.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in this case. Although the employee's injury (neck and left shoulder pain from loading boxes) was found to be compensable and work-related, no ongoing compensation was awarded as all temporary disability and medical expenses had already been paid.