All Missouri workers' compensation decisions

The LIRC affirmed the Administrative Law Judge's determination that Birnamwood Condominium Association was a statutory employer and that Meyers Trees & More, LLC was not properly insured under Missouri workers' compensation law. An employee of Meyers Trees was injured while performing tree-trimming work at the condominium complex after slipping off a roof.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Tommy Patrick's left hand injury sustained on March 17, 2016, while using a saw at work. The injury resulted in 25% permanent disability of the left hand and 6 weeks of disfigurement.

The Commission affirmed the Administrative Law Judge's award of workers' compensation to employee John Owings for a back and neck injury sustained when a 30-foot extension ladder fell and struck him on January 24, 2019. The claimant was awarded 10.5% permanent partial disability of the body as a whole totaling $20,847.96.

The Commission reversed the administrative law judge's award granting permanent total disability benefits from the Second Injury Fund, holding that the Fund is not liable under the correct application of § 287.220.3 RSMo. The reversal addressed Second Injury Fund liability following a work-related left shoulder and elbow injury, with the AWJ's ruling on future medical care remaining final.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding the employer liable for the employee's permanent total disability. The decision was based on medical evidence showing physical restrictions that prevented the employee from successfully competing in the open labor market, despite a vocational expert's suggestions of available positions.

The Missouri Court of Appeals Western District reversed the Commission's award finding the Second Injury Fund liable for permanent total disability benefits and remanded the case for reconsideration of preexisting conditions under § 287.220.3. The Commission was directed to determine which preexisting disabilities met the fifty-week minimum threshold and whether they directly aggravated the October 30, 2015 work-related injury.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for William Beavers' December 24, 2007 work injury. One commissioner dissented, arguing the ALJ erred in denying past medical benefits for post-surgery treatment and temporary total disability during the rehabilitative period.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation to employee Thomas Runyan for an alleged February 5, 2015 work injury involving chest pain sustained while operating a forklift. A dissenting opinion argued the employee failed to prove the work injury was the primary factor in his condition, noting his cardiac history and lack of subsequent musculoskeletal treatment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of temporary or partial workers' compensation benefits for Edward Burns' left shoulder and neck injury sustained on November 29, 2017, when a lance slipped off a cart during repair work. The injury was found to be compensable under Missouri workers' compensation law, with medical expenses of $12,076.20 paid to date and the case kept open for further proceedings.

The Commission modified the Administrative Law Judge's award in a workers' compensation case involving Roy Dale Franklin's occupational disease injury to his lumbar spine with onset in April 2014. The employee was found to be permanently and totally disabled with Second Injury Fund liability, though the Commission clarified the application of § 287.220.3 RSMo regarding which preexisting disabilities qualify for consideration.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Bobby Knight's lumbar spine injury sustained on December 18, 2015, when he fell backward onto pallets while working for FedEx Ground Package System. A dissenting opinion argued for a higher permanent partial disability rating based on medical testimony, but the majority upheld the original award.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's workers' compensation award for Bobby Knight, who sustained a compensable back injury while loading boxes on May 27, 2015. One dissenting member argued the employee should have been awarded greater permanent partial disability benefits based on medical evidence.

The Commission reversed the Administrative Law Judge's denial of the employee's workers' compensation claim, finding that the employee's March 9, 2007 fall while handling dairy milk cases at work was the prevailing factor in causing her lumbar spine injury. The case involved determining the Second Injury Fund's liability for permanent total disability benefits related to the employee's back injury and pre-existing degenerative spine condition.

The Commission reversed the administrative law judge's award of workers' compensation, denying the employee's claim for occupational disease injury from repetitive keyboard use over 33 years of employment. The employee had sought temporary disability benefits, medical reimbursement, future medical benefits, and permanent partial disability compensation, which were all denied upon reversal.

The Labor and Industrial Relations Commission modified the administrative law judge's award in a workers' compensation death case involving Jacob Williams, sole member of Reeds, LLC, who died when a truck bed fell on his chest. The Commission addressed calculation of the employee's average weekly wage using exceptional circumstances provisions and determined the division of death benefits between the widow Laura Williams and the children from the employee's prior marriage, Courtney and Kennedy Williams.

The Labor and Industrial Relations Commission modified the administrative law judge's award granting permanent total disability compensation to Karen Ritchie for an occupational disease, adjusting the benefit start date from her termination date to her date of maximum medical improvement (May 2, 2018). The Commission affirmed the underlying award of $861.04 per week for life but corrected the calculation methodology to comply with Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Jimmy Fields for a left lower back injury sustained while lifting luggage on August 17, 2011. Although the injury was found to be compensable and work-related, no compensation was awarded despite documented medical treatment costs and temporary disability payments already made.

The Labor and Industrial Relations Commission reversed the administrative law judge's decision denying permanent partial disability for a low back injury (DOI 5/17/12), finding that the record contained additional support for establishing a disability rating for this primary injury. The Commission found the employee had established sufficient evidence of permanent partial disability attributable to the primary injury, contrary to the judge's conclusion that the employee failed to meet the burden of proof.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of compensation, finding that the employee failed to prove permanent total disability resulted from the combination of hearing loss and preexisting conditions sufficient to establish Second Injury Fund liability. The decision addresses the application of amended statutory provisions effective January 1, 2014, requiring specific criteria for Second Injury Fund claims involving occupational disease injuries.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying compensation in a workers' compensation case involving a low back injury sustained while loading baggage. Although the injury was found to be compensable and arose out of employment, no benefits were awarded due to the determination that the injury resulted in only 3.5% permanent disability to the body as a whole.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits, finding that the employee failed to prove permanent total disability resulted from the November 9, 2012 low back injury combined with preexisting conditions. The Commission determined that expert testimony did not support a finding of permanent disability from the primary injury, and thus Second Injury Fund liability was not established.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Mary Kling for an alleged occupational disease claim involving bilateral plantar fasciitis from repetitive standing on concrete. Although the employee and employer/insurer settled the primary claim for $5,918.00 based on twenty percent permanent partial disability, the ALJ found the employee failed to meet her burden of proof that the injury was work-related, finding the defendant's medical expert more credible than the employee's expert.

The Labor and Industrial Relations Commission modified the administrative law judge's award, finding the employer and Second Injury Fund liable for permanent total disability benefits to employee Helen Baker for multiple work-related injuries sustained on February 14, 2011. The Commission adjusted the liability allocation between the employer and Second Injury Fund while maintaining the finding that employee is permanently and totally disabled.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Brenda Sadler, finding no compensable injury or occupational disease occurred. The claimant's alleged back/body injury was determined not to have arisen out of and in the course of employment, resulting in no compensation awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing permanent total disability compensation to Jeffrey Gilman for a lower back injury sustained in 2011. One commissioner dissented, arguing the award should be modified to assign liability to the Second Injury Fund based on the combination of the primary injury with the employee's preexisting pulmonary condition.