Filtered Decisions

The Commission affirmed the Administrative Law Judge's award finding that Dennis Carver sustained a compensable work-related injury on October 1, 2007, while carrying felt up a ladder, and is entitled to temporary total disability benefits and past medical expenses. The employee's compensation was subject to a maximum 50% reduction due to willful violation of safety rules, but the employer and insurers remain obligated to provide future medical treatment.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Michelle Watson-Spargo for a back injury sustained while unloading boxes at her workplace on January 16, 2009. The employee, who worked as a cook, suffered severe back pain that prevented her from ever returning to work and was complicated by multiple preexisting conditions including carpal tunnel syndrome and depression.

The Labor and Industrial Relations Commission affirmed the January 14, 2011 award of the administrative law judge, modifying its designation from a partial award to a temporary or partial award. The Commission accepted jurisdiction solely to correct the award's classification and kept proceedings open for future final award determination.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Robert Bayer for a compensable work injury sustained on September 30, 2005, with a correction reducing permanent partial disability from 160 weeks to 120 weeks (30% of body as a whole). The corrected award provides 11 weeks of temporary total disability benefits ($5,554.12) and 120 weeks of permanent partial disability benefits ($43,809.60).

The Commission affirmed the Administrative Law Judge's award denying compensation to Timothy P. Whitworth, finding that he failed to establish the existence of an accident or occupational disease and failed to prove a causal connection between his work activities and his back condition. The employee's credibility was questioned and his claims against the Second Injury Fund were denied.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to employee Elmer Leroy Harrison for a work-related injury sustained on February 21, 2007, while pushing a metal cart. The claimant was awarded permanent total disability benefits along with past temporary disability compensation and medical aid costs.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to employee Lenton Eason, finding the award supported by competent and substantial evidence. The Commission also determined that the employee's claim for interest on past medical expenses from the Second Injury Fund was not yet ripe for consideration as no final award had been issued at the time the claim was amended.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to employee Maribel Vega-Rivera for an occupational disease of both upper extremities caused by repetitive job duties, with awards for temporary total disability, permanent partial disability (12.5% left, 15% right with 10% bilateral load), medical expenses, and disfigurement. The employer's challenge that the employee was not covered under Missouri Workers' Compensation Law was rejected, and all findings regarding employment status, causation, and disability were upheld.

The Commission affirmed the administrative law judge's award finding that employee Dmitri Chergibayev sustained a 25% permanent partial disability at each foot level, with a 25% loading factor applied to reflect the synergistic effect with his preexisting knee disability. The Second Injury Fund was held liable for enhanced permanent partial disability benefits totaling $12,710.72.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of enhanced permanent partial disability benefits against the Second Injury Fund for an employee who suffered a work-related accident on August 2, 2004, that combined with preexisting cervical and lumbar spine conditions. A dissenting opinion argued the employee should have been awarded permanent total disability benefits based on her inability to compete in the open labor market given her combined injuries and preexisting conditions.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits, finding that the employee failed to prove his occupationally-induced asthma was caused by workplace exposure to paint fumes due to lack of objective symptoms. A dissenting opinion argued the employee's expert testimony was more credible and compensation should have been awarded for past medical expenses, future medical care, and permanent partial disability.

The Commission affirmed the administrative law judge's decision denying compensation to employee Arsenio Arciga for shoulder injuries allegedly sustained on February 23, 2010, while assisting a coworker. The Commission found the ALJ's award was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Charles Rose for a back injury sustained on March 4, 2005, while working on a cement truck. The employee was awarded permanent partial disability compensation of 12.5% body as a whole, with the Second Injury Fund holding liability for future benefits.

The Commission reversed the Administrative Law Judge's decision and awarded compensation to employee Kimberly Regan for a neck injury caused by a coworker's sudden grabbing incident on February 6, 2007. The Commission found that the incident constituted a compensable work-related accident despite employee's preexisting cervical conditions from prior neck surgeries.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to William Bisby for injuries sustained when he was riding on the back of a garbage truck involved in a motor vehicle accident on January 5, 2007. Although the accident occurred during employment and the claimant suffered a left leg injury, the claim was deemed non-compensable under Missouri workers' compensation law, resulting in an award of zero compensation.

The Commission modified the ALJ's award, allowing compensation for a November 22, 2002 work-related left shoulder injury (adhesive capsulitis) that resulted in permanent partial disability. The case involved determination of disability ratings and Second Injury Fund liability when combined with a preexisting June 1999 back injury.

The Commission modified the administrative law judge's award regarding a meat cutter's October 11, 2006 stabbing injury to the right forearm at Swiss Meats, finding a 5% permanent partial disability and disfigurement equivalent to 14 weeks of disability. The employee's preexisting cardiovascular condition (30% permanent partial disability) was found to constitute a hindrance to employment, relevant to Second Injury Fund considerations.

The Labor and Industrial Relations Commission affirmed the administrative law judge's January 6, 2011 award allowing workers' compensation benefits to Barbara A. Boone for an occupational disease that arose out of her employment with the Missouri Department of Corrections on August 7, 2007. The Commission modified the decision only to clarify jurisdictional authority regarding future disputes related to medical aid.

The Commission modified the ALJ's award to clarify inconsistent findings regarding permanent partial disability, finding the employee sustained 17.5% permanent partial disability of the body as a whole from a June 16, 1999 assembly line injury at Ford Motor Company. The Commission allowed compensation for the work-related back injury while addressing the conflicting determinations made by the ALJ.

The Commission affirmed the administrative law judge's award granting permanent total disability benefits to William Fletcher for injuries to his right shoulder (20% PPD) and lumbar spine (16% PPD) combined with preexisting diabetes and heart condition. The Second Injury Fund was found liable for the portion of disability benefits attributable to the combined effect of the primary injury and preexisting conditions.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for employee Virgil Mawby. The commission found the award was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Greg Wentz for a thoracic spine injury sustained on May 13, 2008, while unloading a delivery truck at O'Charley's. The employee was awarded $1,170.53 in unpaid medical expenses and $4,930.80 for 30 weeks of permanent partial disability (7.5% BAW) referable to the thoracic spine.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for Steven Smithey's left elbow injury sustained on September 8, 2008, while unhooking a trailer. The case involved a finding of 15% permanent disability with the Second Injury Fund providing permanent total disability benefits.

The Missouri LIRC affirmed the award and decision of the administrative law judge dated January 13, 2011, finding that the award was supported by competent and substantial evidence and complied with Missouri Workers' Compensation Law. The Commission also approved and affirmed the administrative law judge's allowance of attorney's fees as fair and reasonable.