Filtered Decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Tonya L. Fattig for a cumulative occupational injury to her neck and left upper extremity sustained through repetitive handling of books of plates at Johnson Controls Battery Group, Inc. The employee is entitled to temporary total disability benefits from October 24, 2013 through the hearing date of July 10, 2014, at a weekly rate of $639.05.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Frederick Winingear for a neck injury sustained when a patient placed him in a choke hold at work on February 23, 2011. Although the injury was found to be compensable and work-related, no compensation was awarded in this case.

The Commission affirmed the Administrative Law Judge's award finding that Eric Sharp's bilateral hand/wrist injuries from repetitive jackhammering activities were compensable occupational diseases arising out of and in the course of his employment with Tarlton Corporation. This temporary or partial award is subject to further proceedings for a final determination of benefits.

The Labor and Industrial Relations Commission modified the administrative law judge's award, finding it supported by competent and substantial evidence under Missouri Workers' Compensation Law. The Commission addressed jurisdictional challenges regarding the propriety of awarding personal liability against Ann Williams, President of Job Finders Employment Services, for failure to maintain workers' compensation insurance.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that employee Avry Harris sustained a compensable occupational disease injury to his neck and upper body from repetitive twisting while operating a clamp truck/forklift on June 29, 2011. This temporary or partial award provides for continued and ongoing future medical care, with proceedings kept open for final award determination.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation to Mark Barrientos, finding he failed to prove he sustained a compensable accident as defined by Missouri law. The Commission clarified that while repetitive lifting during a single work shift could constitute an accident, the employee did not meet the burden of proof in this case.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for an employee injured in a December 16, 2007 work-related accident. The accident was found to be the prevailing factor causing permanent disability to the employee's right elbow, neck, and low back, despite the employee's preexisting tethered spinal cord condition.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Althea Burlison for occupational disease injuries to her left leg and left arm sustained on 8-14-2009 and 7-2-2010 while performing duties as a certified medical technician. The award includes $6,600.00 in permanent partial disability compensation (5% body as a whole for 2009 injury) plus previously paid medical expenses and temporary disability compensation totaling $31,595.81.

The Commission affirmed the administrative law judge's award of permanent partial disability benefits for Timothy Pannell's November 24, 2009 work injury, finding that the employee failed to prove the left knee injury was caused by the accident and did not meet the burden for permanent total disability. The Commission also approved payment of attorney's fees under a joint motion between the employee's former and current legal representatives.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Timothy Maloney for a compensable occupational disease injury occurring on June 11, 2010. The Commission rejected the employer's arguments regarding strict construction of permanent total disability standards and found the employee met the legal test for permanent total disability based on competent and substantial evidence.

The Commission affirmed the administrative law judge's award allowing workers' compensation for an employee who sustained a work-related injury on May 17, 2007, finding that the accident was the prevailing factor causing a herniated disc at L5-S1 and resulting permanent disability. The Commission found persuasive expert medical testimony establishing that the workplace accident caused the herniated disc and associated substantial permanent disability, meeting the employee's burden of proof under Missouri workers' compensation law.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to employee Devette Sproaps for an injury sustained on June 22, 2011. The Commission found the award was supported by competent and substantial evidence and complied with Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that the employee's bilateral upper extremities injury from repetitive job activities was compensable under Missouri workers' compensation law. The award is temporary and partial, with the employee entitled to additional medical aid, and proceedings remain open for a final award.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Ottavio Tarpeo for bilateral knee injuries sustained through repetitive stair climbing during his 35+ years of employment as a pressman. The employee was awarded compensation for temporary total disability and permanent partial disability with a multiplicity load factor.

The Commission affirmed the administrative law judge's award allowing workers' compensation for Ronald Gamble's right lateral epicondylitis and right olecranon bursitis resulting from a September 19, 2008 workplace accident. The court found Dr. Schlafly's expert medical opinion more persuasive than the employer's expert, concluding the accident was the prevailing factor causing the employee's elbow conditions and resulting permanent disability.

The Labor and Industrial Relations Commission modified the administrative law judge's award, affirming permanent total disability benefits for Richard L. Hertzing from a work-related back and right leg injury but adjusting the commencement date to align with maximum medical improvement rather than the date of job separation. The Commission adopted the findings regarding medical causation and causation, finding the employee's injuries to be work-related and resulting in permanent total disability.

The Commission affirmed the administrative law judge's award of workers' compensation to Paula Eberhard for injuries sustained when a toilet paper dispenser fell on her left shoulder and face while using a McDonald's restroom during her employment as a travelling surveillance employee. The Commission determined the injury arose out of and in the course of employment because the use of public restrooms was necessitated by her job duties and exposed her to risks greater than those in normal nonemployment life.