All Decisions

The Commission affirmed the administrative law judge's award allowing compensation for an occupational pulmonary disease with a June 1, 2004 date of injury, finding workplace exposures were a substantial factor in the employee's condition. The employee was awarded 12.5% permanent partial disability, future medical care benefits of $4,559.83, and the Second Injury Fund was found liable for 24.03 weeks of permanent partial disability benefits.

The Commission affirmed the administrative law judge's award allowing workers' compensation for Dennis McBee's right shoulder injury sustained on May 22, 2009, finding that actual notice to the employer through the supervisor satisfied the notice requirements despite lack of formal written notice. The employer was not prejudiced by the failure to provide statutory written notice within 30 days, as it received timely actual notice and was able to investigate and arrange medical treatment.

The Commission affirmed the Administrative Law Judge's award of temporary total disability benefits for employee Dawn Woods following a compensable workplace injury on July 1, 2010. The award provides $19,626.82 in temporary disability compensation from August 20, 2010 through July 7, 2011, with ongoing benefits subject to modification pending a final award.

The Commission modified the Administrative Law Judge's award regarding a low back injury, finding that the employee's preexisting low back condition from 1999 lumbar fusion surgery should have been factored into the permanent partial disability analysis. The Commission awarded permanent partial disability benefits for the work-related low back injury and addressed Second Injury Fund liability related to the combination of preexisting and primary injuries.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Larry Underwood for a low back injury sustained on November 28, 2005, when he fell from a ladder while installing a radiator in a cement truck. The Commission determined the injury was compensable under Missouri workers' compensation law and awarded permanent total disability benefits of $554.81 per week.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that Leonard Fry's occupational asthma, contracted while painting bridges and exposed to toxic chemicals on November 9, 2009, was a compensable occupational disease. The award is temporary or partial, with benefits including temporary disability compensation of $22,646.84 and medical aid of $5,019.57, subject to further proceedings for final determination of permanent disability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Dean Vermillion for a fall injury sustained on August 2, 2007. The claimant was awarded permanent partial disability benefits of 17.5% and permanent total disability benefits payable by the Second Injury Fund for his lifetime.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Ronald Thompson for injuries sustained in a rear-end collision while making deliveries. The claimant failed to meet his burden of proof that the accident arose out of and in the course of employment, and no compensation was awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Patricia Payne for a work-related injury sustained on July 7, 1998, when she slipped and fell, striking her head, neck, and shoulder. The claimant was awarded compensation for 15% permanent disability to the body as a whole.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Michael Starks for a left ankle injury sustained on May 2, 2008, while exiting a forklift at work. The employee was awarded permanent partial disability compensation of $14,580.92 from the employer, with the Second Injury Fund also found liable for additional benefits.

The Missouri LIRC modified the administrative law judge's award regarding future medical treatment in Linda Thompson's workers' compensation case from March 8, 2010. The Commission clarified that the employee is entitled to all reasonably required medical treatment to cure and relieve the effects of her injury, without the restriction of requiring a qualified surgeon other than Dr. Chabot.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Carl Douthit for a right upper extremity injury sustained on May 20, 2009, when he tripped over metal while carrying a door. The injury was found to be compensable and to have arisen out of and in the course of his employment with Bi-State Development Agency.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Alma Holzer for a left elbow injury sustained on June 30, 2006, when she was struck by a door at work. Benefits include permanent partial disability compensation previously paid by the employer/insurer and permanent total disability benefits from the Second Injury Fund due to the combination of the primary injury and pre-existing disabilities.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Thomas Greco's cervical spine injury sustained on November 26, 2004 while unloading a pallet jack. The award included permanent total disability benefits from the Second Injury Fund with ongoing lifetime compensation of $675.90 weekly following an initial 120-week period.

The Commission affirmed the administrative law judge's award of permanent total disability benefits to Linda Beard against the Second Injury Fund following her July 2005 slip and fall injury at a Hy-Vee bakery. The Second Injury Fund's arguments that the employee returned to work and continued overtime were rejected as insufficient to overcome the permanent total disability determination supported by competent and substantial evidence.

The Commission affirmed the administrative law judge's award of permanent total disability benefits to Howard Moreland for occupational disease caused by exposure to benzene and other chemicals on June 26, 2005. The employee was awarded weekly compensation of $397.45 for life, past medical expenses of $752,021.08, and a 15% penalty based on statutory violations.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Paul Harvey's left knee injury sustained on January 24, 2002, while setting up fixtures at work. The award includes permanent partial disability benefits from the employer and permanent total disability benefits from the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Joseph Duever for his work injury on February 19, 2007. The Commission clarified that future medical expenses should cover treatment reasonably required to cure and relieve the effects of the injury, rather than being limited to specific procedures outlined by a particular provider.

The Commission affirmed the administrative law judge's award finding that the employee's August 18, 2005 work accident substantially contributed to his back complaints and resulted in 45% permanent partial disability of the left shoulder. The employee was found to be permanently and totally disabled as a result of his primary injuries combining with preexisting disabilities.

The Commission modified the administrative law judge's award, affirming Second Injury Fund liability for permanent total disability benefits due to the combination of the primary occupational disease (bilateral knee injury from work activity) with the employee's preexisting bilateral shoulder conditions. The Commission clarified that an occupational disease becomes a compensable injury only when it becomes disabling, and determined the proper date of injury for Second Injury Fund analysis purposes.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Ben W. Jones for a back injury sustained on March 20, 2004, while emptying a trash container into a dumpster. The Second Injury Fund was ordered to cover all fair, reasonable, and necessary medical expenses and compensation due, as the employer was uninsured at the time of injury.

The Commission affirmed the administrative law judge's award allowing compensation for an occupational disease to the employee's low back arising from repetitive lifting of plywood at a banding machine. The employee was found to be permanently and totally disabled as a result of the primary back injury combining with preexisting disabilities to the knee, shoulder, ankles, and hearing.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding Debra Arnold's workers' compensation case, primarily correcting the future medical care provision to remove the requirement that treatment be recommended by Dr. Volarich, an independent medical evaluator rather than a treating physician. The Commission affirmed the finding that Arnold is permanently and totally disabled as a result of her work-related injury and made clarifying technical modifications to the award.

The Commission affirmed the administrative law judge's award finding that employee Lantie Wilson sustained a work-related injury to his right ankle when he fell on black ice in the employer's parking lot on December 12, 2008. The employee was awarded 25% permanent partial disability of the right ankle, temporary total disability compensation for 13 and 2/7 weeks, and past medical expenses of $27,011.49.

The Commission affirmed the ALJ's decision denying workers' compensation benefits for the employee's 2007 right knee and left hip injuries, finding she was not an employee of Harrah's Casino at the time of the alleged injury and was not in the course and scope of employment. The 2002 left knee injury had been previously settled in October 2008, and the Division no longer had jurisdiction over that claim.