All Decisions

The Commission affirmed the Administrative Law Judge's award finding the employee permanently and totally disabled as a result of a November 11, 2003 primary injury combined with preexisting disabilities, with the Second Injury Fund held liable for benefits. The Commission rejected the Second Injury Fund's challenge that internet evidence of the employee's work as a pastor since October 2008 demonstrated employability in the open labor market.

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.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award regarding a workers' compensation case involving Carolyn Jones, who sustained multiple injuries from a workplace fall on March 26, 2004, that aggravated preexisting cervical spine injuries. The Commission affirmed certain findings while modifying aspects of the temporary total disability awards, permanent partial disability rating, and Second Injury Fund liability determinations.

The Commission affirmed the Administrative Law Judge's award of workers' compensation for Willie Clark's work-related cervical and lumbar spine injuries, finding 20% permanent partial disability for the primary injury and 15% enhanced permanent partial disability against the Second Injury Fund when combined with preexisting bilateral shoulder disabilities. The Commission rejected the employee's claim for permanent total disability, finding that medical evidence supported the ALJ's conclusions regarding work capacity.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Bill Wengler for an alleged herniated cervical disc caused by repetitive work activities. The court found that the injury did not arise out of and in the course of employment and was therefore not compensable under Missouri workers' compensation law.

The Commission modified the Administrative Law Judge's award by affirming that the employee is entitled to additional medical treatment for his work-related injury from June 9, 2008, but reversed the requirement that treatment be provided by a specific physician, holding that the employer retains its right to select the treating physician. The Commission found that the employee failed to prove the employer waived its right to direct medical treatment and that the statute does not authorize appointment of a specific doctor.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Herbert Robbins for an alleged injury to his right lower extremity on June 9, 2008. The employee failed to establish that his work activity was the prevailing factor in causing a prosthetic failure when a hydraulic pump unit snapped while he was carrying an electrical trough, and therefore no compensable accident or occupational disease arose out of his employment.

The Commission modified the ALJ's award by affirming that Midwest Builders Casualty Mutual is responsible for past medical expenses ($3,557.41) and mileage reimbursement ($477.95), but reversed the requirement that the employee reimburse the insurer. The decision found no statutory authority under Missouri Workers' Compensation Law to order an employee to reimburse an insurer in this manner.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Charles Pierce's right hip, knee, and ankle injuries sustained from a slip and fall on November 1, 2005 at Dynaquip Controls Corp. The claimant was awarded permanent partial disability benefits and permanent total disability benefits from the Second Injury Fund.

The Commission affirmed the ALJ's amended award finding that the employee's primary injury combined with preexisting disabilities resulted in a 10% permanent partial disability enhancement above the simple arithmetic sum of separate disabilities. The employee's claim against the employer was settled, and the case proceeded against the Second Injury Fund regarding the nature and extent of that liability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for John Day. The Commission found the award 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 for David Trimmer's left shoulder injury sustained on September 9, 2003, while lifting heavy batteries at his workplace. The award includes unpaid medical expenses of $3,307.95 and is designated as temporary or partial, with proceedings kept open for final determination.

The Commission reversed the administrative law judge's award of permanent total disability benefits for chronic bronchitis as a separate occupational disease, finding insufficient medical evidence and expert testimony to support a new primary injury separate from the employee's 1997 laryngeal carcinoma. The decision denies compensation for the alleged 2000 occupational disease claim, determining the symptoms were a deterioration of the prior injury rather than a compensable new injury.

The Missouri LIRC modified the administrative law judge's award regarding an employee's work-related laryngeal carcinoma (throat cancer) that required laryngectomy and resulted in permanent disability. The Commission affirmed the finding of occupational disease but modified the disability ratings, also addressing preexisting conditions from a 1968 car accident and Second Injury Fund liability.

The Missouri LIRC reversed an ALJ's denial of workers' compensation benefits, finding that the employee sustained a compensable psychiatric injury from a racial harassment incident occurring on September 25, 2006. Two psychiatrists testified that the workplace incident caused aggravation of the employee's bipolar II disorder and development of a paranoid disorder.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Garry Session for a lower back injury sustained on July 21, 2006, while lifting and carrying a heavy cable at Boeing. The claimant was awarded 40 weeks of permanent partial disability compensation totaling $15,062.00 based on 10% permanent disability of the low back.

The Commission affirmed the ALJ's denial of the employee's claim for enhanced permanent partial disability benefits against the Second Injury Fund. The employee failed to provide evidence that his preexisting right shoulder disability combined with the primary injury to result in greater overall disability than would have resulted from the primary injury alone.

The Commission affirmed the Administrative Law Judge's award denying all workers' compensation benefits to Gary Cole for injuries allegedly sustained from a fall off a plant roof on August 2, 1999. Although the fall was determined to be work-related and arose out of employment, no compensation was awarded due to insufficient evidence of compensable injury.

The Commission affirmed the administrative law judge's award of permanent total disability benefits to Texas Martin for a work-related lumbar spine injury, finding he is permanently and totally disabled due to the combination of the last injury and preexisting conditions. The Commission supplemented the award by finding a 9.5% permanent partial disability of the body as a whole referable to the lumbar spine from the primary injury alone, with the Second Injury Fund ordered to pay weekly benefits of $317.74 for life.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in this case involving a lumbar spine injury sustained by Robert Jezich on November 19, 2003, when he fell over a pallet of cans. Although the injury was found to be compensable and work-related, no compensation was awarded because the employer had previously settled its liability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Walter Braggs' left shoulder injury sustained on May 18, 2007, while pulling himself onto a sweeper at work. The claimant was awarded permanent total disability benefits from the Second Injury Fund at a weekly rate of $361.94 for life, with the employer's settlement approved.

The Commission affirmed the administrative law judge's award finding employee Darlene Jamison permanently and totally disabled, clarifying that her disability resulted from the combination of her primary low back injury and preexisting left knee condition rather than the low back injury alone. The Commission found Dr. Volarich's medical opinion more credible than the vocational expert's opinion, emphasizing that the combined physical restrictions rendered the employee unemployable.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying compensation to Steven Penrod for a right elbow injury, finding the evidence supported the denial. A dissenting opinion argued that Dr. Shuter's opinion regarding the extent of the employee's right elbow disability and permanent partial disability should have been credited based on his physical examination and objective functional limitations.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to John Banaszek for a left upper extremity injury sustained on July 3, 2006, while slipping in oil and falling while moving concrete forms. The employee was awarded permanent partial disability benefits (60% left shoulder, 25% left elbow, 5% body as whole) and permanent total disability benefits from the Second Injury Fund.

The Commission modified the administrative law judge's award regarding workers' compensation for Elizabeth A. Jordan, vacating the finding of permanent total disability while addressing disputes over rate of compensation, past medical expenses, and temporary total disability benefits. The decision required recalculation of the weekly compensation rate based on hourly wage earnings from the thirteen weeks preceding the injury.