Filtered Decisions

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Virginia L. Neves for a low back injury sustained on April 19, 2002, while employed at Lewis County Nursing Home District. The employee was awarded 20% permanent partial disability of the body as a whole, along with unpaid medical expenses and temporary and permanent disability benefits.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Timothy Green for injuries sustained when he fell backwards into a concrete vault while pulling a water line on July 13, 2004. The claimant was found to have 15% permanent disability referable to the back and is entitled to permanent total disability benefits from the Second Injury Fund.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Thomas Whalen for a slip and fall injury occurring on May 6, 1999 in his office environment. The employee was awarded 32 weeks of permanent partial disability (20% PPD of left lower extremity) totaling $9,431.36 in compensation.

The Commission affirmed the Administrative Law Judge's award finding the employee's left shoulder injury compensable under Missouri workers' compensation law, arising from an accident on January 11, 2005 while loading a water softener into a truck. The temporary partial award includes unpaid medical expenses of $296.65 with proceedings continued for future determination of additional benefits.

The Commission reversed the administrative law judge's award of permanent total disability benefits from the Second Injury Fund, finding insufficient evidence that the employee had a pre-existing permanent disability that constituted a hindrance or obstacle to employment at the time of the work injury. The lack of competent and substantial evidence regarding the pre-existing disability condition rendered the Second Injury Fund claim unsuccessful.

The Commission reversed the Administrative Law Judge's award of occupational disease benefits for deep vein thrombosis, concluding the employee contracted an ordinary disease of life rather than an occupational disease. The Commission found the employee failed to establish that his condition arose from a risk distinctly connected to his employment as a vulcanizer.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Keith Madison for an injury that occurred on January 31, 2002, in St. Louis City while driving to purchase equipment and supplies. The injury was found to be compensable under Missouri's Workers' Compensation Act and arose out of and in the course of employment.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Robert McDonough's occupational injury sustained in a fall on February 2, 1999. The employee was awarded 32.5% permanent partial disability benefits totaling $3,536.76 from the Second Injury Fund, with additional compensation previously paid for temporary disability and medical aid.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Sandra Forbeck for carpal tunnel syndrome. The employee failed to sustain her burden of proof that her right hand carpal tunnel syndrome symptoms were caused by her work activities as a cashier.

The Labor and Industrial Relations Commission modified the administrative law judge's award, finding the employee suffered a compensable injury to her left upper extremity due to repetitive trauma on May 29, 2002. The Commission adjusted the permanent partial disability rating for the left elbow, with medical experts providing conflicting assessments ranging from 2% to 35% disability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Keith Hellmann for a low back injury sustained on January 13, 2000, when he was struck by a co-worker's car while walking to his car after his shift. The claimant was awarded compensation for temporary total disability and permanent partial disability (10% body as a whole) totaling $15,893.61.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation to Elizabeth Caccia-Nelson for a low back and hip injury sustained on February 11, 2000, while lifting a cauldron of icing at Dierberg's Markets. The claimant was awarded 20 weeks of permanent partial disability compensation totaling $5,401.60 for 5% permanent partial disability.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award, changing the temporary total disability compensation rate from $82.02 to $79.67 per week based on a recalculation of the employee's average weekly earnings. The Commission affirmed all other findings and conclusions of the administrative law judge regarding the waitress employee's workers' compensation claim.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to James Bubash for a knee injury sustained on April 21, 2003, while jumping off a belt loader at American Airlines in St. Louis City. The claimant was awarded 52.8 weeks of permanent partial disability compensation totaling $18,324.24, representing 33% permanent partial disability referable to the right knee.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits, finding that the employee's claim for an occupational disease injury alleged on January 4, 1994, was barred by the statute of limitations. The statute of limitations for occupational disease claims does not begin to run until the disease becomes reasonably discoverable and apparent as a compensable injury, and the Commission determined this threshold had not been satisfied before the claim was filed.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that the employee's job duties were a substantial contributing factor to her development of bilateral carpal tunnel syndrome. The case was issued as a temporary or partial award with proceedings kept open for further consideration of final compensation.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Terry Dyer for an alleged injury on April 1, 2002. The Commission found that the injury did not arise out of and in the course of employment, rendering it non-compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Edmond McNack, finding he failed to prove medical causation that HAART medications caused sarcoidosis. The Commission found Dr. Wasfi's testimony more credible than Dr. Friedlander's opinion, determining the latter's causal link was based on speculation rather than biological plausibility.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for Charles Kuykendall's occupational disease involving repetitive motion injuries to both upper extremities sustained on March 10, 2000. The employee was awarded permanent partial disability compensation totaling $48,824.40 for injuries to the shoulder, wrist, and multiplicity, plus disfigurement benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Cheryl Whaley, finding that the alleged injury did not arise out of and in the course of employment. No compensation was awarded in this case.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Eddie Stegall for injuries sustained when he was struck by a tornado while driving a truck on May 8, 2003 in Oklahoma City. The employee was awarded compensation for sternum and rib injuries with 20% permanent partial disability to the body as a whole, along with medical expenses and temporary disability benefits.

The Missouri LIRC affirmed the administrative law judge's award of workers' compensation benefits to Jerry W. Barnette for a right ankle injury with permanent total disability sustained on June 26, 2001, while working for Sachs Electric Company. The Commission found the injury compensable under Missouri law, with benefits including temporary disability payments, medical expenses, and ongoing compensation at the rate of $599.96 per week.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Emmanuel Caldwell for an alleged low back injury sustained while lifting during refrigerator assembly on March 13, 2002. Although the injury arose out of and in the course of employment, the award of no compensation was supported by competent and substantial evidence under the Missouri Workers' Compensation Act.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Cherie Knapp for an alleged injury on October 31, 2003. The Commission found that the alleged injury did not arise out of and in the course of employment and therefore was not compensable under Missouri law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that the claimant's low back injury was a compensable occupational disease arising from repetitive lifting, pulling, and pushing of heavy items over 11 years of employment. The employer and insurer are ordered to provide medical treatment for the claimant's back pain and any temporary benefits that become due, with a weekly compensation rate of $426.67 for temporary total disability.