Filtered Decisions

The Commission affirmed the administrative law judge's award of permanent total disability compensation to Jerry Fischer for injuries sustained on June 7, 2004, when he fell off a crawler during track repairs. Fischer is entitled to $337.18 per week compensation for life, with medical benefits and attorney's fees approved.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding attorney fees in this workers' compensation case, reducing the fee cap and clarifying its application. The Commission affirmed the underlying compensability determination for an occupational disease injury occurring on May 7, 2004, but adjusted the attorney fee award from 25% (capped at 100 weeks) to 20% of benefits without a week-based limitation.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to David Martinez for injuries sustained on October 30, 2003, when he fell from a broken ramp railing while retrieving a core box. The award includes permanent partial disability compensation for left shoulder injury, psychiatric condition, and disfigurement, with the Second Injury Fund liable for permanent total disability benefits.

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits in this case, despite finding the injury compensable under Chapter 287. Although the claimant's low back injury from moving a table on June 22, 2007 met all statutory requirements, no compensation was awarded.

The Commission modified the administrative law judge's December 2, 2009 award in a workers' compensation case involving a right shoulder injury sustained by journeyman lineman Jack Sanderson on January 14, 2004. The case addressed medical causation, past medical expenses, future medical care, temporary total disability, and permanent partial disability benefits, with the employee appealing the award of temporary total disability benefits and past medical expenses.

The Missouri LIRC modified the administrative law judge's award regarding the Second Injury Fund's liability for wage loss benefits in a dual employment workers' compensation case. The Commission upheld the calculation of additional wage loss benefits of $3,717.27 based on the employee's documented extra income from dual employment at the time of the July 12, 2002 injury.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation to truck driver Scott Knight for injuries sustained while cranking a trailer dolly. Knight claimed a work-related shoulder injury with numbness in his fingertips resulting from forcefully operating equipment on March 3, 2006, but the award was denied.

The Commission affirmed the Administrative Law Judge's award of temporary/partial workers' compensation benefits for Michael Todd, a boilermaker who sustained a right thumb injury on October 6, 2008. The award provided 13 1/7 weeks of temporary total disability at $772.53/week plus unpaid medical expenses totaling $10,568.85, with proceedings kept open for final determination.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Annette Mitchell. The Commission found that the denial was supported by competent and substantial evidence and consistent with Missouri Workers' Compensation Law.

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to Michael G. Gibbons for a low back and right leg injury sustained on December 7, 1999, while attempting to remove a 350-pound vacuum pump at work. The employer is liable for lifetime weekly benefits of $578.48, temporary total disability for specified periods, outstanding medical expenses of $11,333.73, and future medical care related to the injury.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits for an employee's permanent partial disability related to thoracic and lumbar spine injuries sustained while working in the mail room. A dissenting opinion argues that benefits should also have been awarded for cervical spine injuries aggravated by repetitive lifting of heavy mail bags and carts weighing 30-100 pounds.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to Billy B. Williams for a neck and shoulder injury sustained on December 26, 2003, while attempting to open a stuck door. The employee was awarded $662.55 per week in permanent total disability compensation beginning October 29, 2004, along with necessary medical treatment.

The Commission affirmed the Administrative Law Judge's award denying compensation to Darryl Hines for an alleged repetitive strain injury to his right knee sustained on April 6, 2004. The decision found that the alleged injury did not constitute a compensable accident or occupational disease under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Larry D. Balch for a low back injury sustained on March 20, 2001, while lifting hoses for an air compressor. The employee was awarded 120 weeks of permanent partial disability compensation totaling $37,711.20, with medical benefits of $247,719.45 already paid by the insurer.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Kenneth Adams (deceased, represented by Brenda Adams) for a low back injury sustained on May 30, 2002, while lifting heavy doors at McBride & Son Enterprises. The total compensation awarded was $141,877.87, including unpaid medical expenses, temporary total disability benefits, and permanent partial disability benefits of 30% of the body as a whole referable to the low back.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to employee Richard Hatton but reversed the portion assessing costs and attorney's fees against the employer, finding the employer had reasonable grounds to defend the claim based on a question of law under the 2005 amendments to the Workers' Compensation Law. A dissenting opinion argued the award should have been affirmed in its entirety with costs and attorney's fees assessed against the employer for the appeal.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Peggy King's right wrist, hand, and forearm conditions caused by over ten years of work with Dierberg's Markets, Inc. The Commission agreed that the employee's work was the prevailing factor in causing her occupational condition and upheld awards for temporary total disability, past medical expenses, permanent partial disability, and disfigurement benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding the employee's low back and left leg injury compensable under Missouri workers' compensation law. The injury occurred on January 8, 2007, when the employee was injured while assisting a co-worker in lifting a patient who had fallen, resulting in left L5 nerve root impingement.

The Commission affirmed the administrative law judge's award allowing workers' compensation for employee Lewis Daniels' compensable repetitive use injury, with minor clerical corrections to the document. A dissenting opinion argued for increased permanent partial disability rating (20% versus 10%) and Second Injury Fund eligibility based on preexisting vascular condition.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to James Merkerson for injuries sustained in a vehicular accident on August 9, 2006, while employed by TAP Enterprises, Inc. The claimant was awarded permanent partial disability compensation of $23,142.45 plus unpaid medical bills of $14,542.00, with adjustments for overpaid temporary total disability and subrogation, resulting in a net award of $16,056.52.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Cindy Spittler for bilateral plantar fasciitis and peroneal tendonitis sustained on April 20, 2007. The claimant was awarded $32,820.26 in total compensation including unpaid medical expenses, temporary total disability, and permanent partial disability (22.5% to the body as a whole), plus future medical benefits.

The Commission affirmed the administrative law judge's decision denying all workers' compensation benefits, finding that the claimant's alleged repetitive trauma injury to the right shoulder did not arise out of and in the course of employment. No compensation was awarded for temporary disability, permanent disability, or medical expenses.

The Commission affirmed the Administrative Law Judge's award finding that the employee's right upper extremity injury sustained in a stairwell fall on March 27, 2008, was a compensable work injury. Benefits including temporary total disability compensation and medical aid were awarded, with the case kept open for final determination.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to employee Dale Morrison, finding it supported by competent and substantial evidence and in accordance with Missouri law. The Commission also approved the administrative law judge's allowance of attorney's fees as fair and reasonable.

The Commission reversed the administrative law judge's award of second injury fund wage loss benefits to an employee who was an owner-operator, finding that the definitions of 'employee' and 'employer' under Missouri workers' compensation law exclude owner-operators from coverage. The Second Injury Fund's appeal was granted, and the award of $3,378.70 in second job wage loss benefits was reversed as contrary to the Missouri Workers' Compensation Act.