Filtered Decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Terry Mosier's right shoulder injury sustained on August 25, 2002, while moving equipment at his workplace in St. Louis, Missouri. The injury was found to be compensable with 25% permanent disability at the 232-week level.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Kim M. Hulsey for a lower back injury sustained on December 1, 2000, at Hawthorne Restaurants in Franklin County, Missouri. The Commission found that the employee proved by reasonable probability that she suffered a work-related back injury with direct medical causation, supported by MRI findings of disc protrusions and consistent symptom reports.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for an occupational disease claim filed by employee Jacquelyn Courtney. The Commission found the award was supported by competent and substantial evidence and in accordance with the Missouri Workers' Compensation Act.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to David Callaway for an alleged injury on March 12, 2005. The claim was found to be non-compensable as the injury did not arise out of and in the course of employment.

The Missouri LIRC affirmed the Administrative Law Judge's award in a workers' compensation case for Stephanie Weaver, who developed bilateral hand complaints from repetitive hand-intensive work as a food line worker and cleaning captain. The injury was found compensable under Missouri law, and the case was kept open for further proceedings pending a final award.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Beverly Fredericks for a work-related injury. Fredericks sustained a low back injury on October 6, 2004, when a package fell from overhead striking her head and left shoulder at her workplace, resulting in a 2% permanent disability to the body as a whole referable to the low back.

The Missouri Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Thomas McDonald's bilateral elbow injuries sustained on May 6, 2004, from repetitious lifting of heavy items at Buckhorn Rubber Products. The Commission awarded permanent partial disability compensation of 5% for each elbow, totaling $6,670.23, plus unpaid medical expenses of $4,554.00, finding the injury compensable under Missouri law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for Lawrence Sawyer's back injury sustained on December 10, 1999 in Smithville, Clay County, Missouri. The Commission found the award supported by competent and substantial evidence and made in accordance with the Missouri Workers' Compensation Act, though one commissioner dissented in part, arguing for a higher permanent partial disability percentage of 25% rather than 16.5%.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to employee Deann Henley for an injury occurring on October 10, 2001. The Commission found the ALJ's decision was supported by competent and substantial evidence and in accordance with the Missouri Workers' Compensation Act.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Randall Humphrey for an occupational disease injury sustained on May 17, 2001, while employed by Verslues Construction. The employee was awarded 30% permanent partial disability benefits totaling $38,306.46, including unpaid medical expenses, temporary total disability compensation, and permanent disability payments.

The Missouri LIRC affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to employee David Harris, finding that the alleged injury did not arise out of and in the course of employment. No compensation was awarded, though the employer/insurer paid $214.68 in medical aid.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Daniel Williams, who sustained a low back injury from both acute trauma (truck hitting a pothole) and repetitive strain from driving a cement truck. The employee was awarded 20% permanent partial disability of the body as a whole referable to the low back.

The Commission affirmed the Missouri Court of Appeals mandate that the employee's permanent total disability resulted from a combination of the 1994 primary back injury and preexisting disabilities of the ankle, neck, and back, rather than being caused exclusively by the 1994 injury. The Second Injury Fund was found liable for permanent total disability benefits following the employer's obligation for permanent partial disability benefits.

The Commission affirmed the Administrative Law Judge's award granting workers' compensation benefits to Elbert McDaniel for a low back injury sustained from a trip and fall on angle iron on July 8, 2003. The employee was awarded 40 weeks of permanent partial disability compensation totaling $13,882.00, representing 10% permanent partial disability of the body as a whole referable to the low back.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Wilbert Jones for alleged repetitive use injuries to his shoulders from opening and closing boxcars, moving bulkheads, and operating a forklift. The Commission found that the injury did not arise out of and in the course of employment under Missouri Workers' Compensation law.

The Commission affirmed the administrative law judge's award for the employee's hernia injury but reversed the award for the left hip injury, finding that the work accident was not a substantial cause of the hip injury. The employee, William Bauman, suffered injuries on August 13, 2002, at United Parcel Service in St. Louis, Missouri.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Tina Isaac for an occupational disease claim. The Commission found that the employee failed to meet her burden of proving that the disease had its origin in a risk connected with her employment.

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to Paul Gruenert for an alleged lifting injury occurring on April 16, 1999. The claim was denied because the injury did not arise out of and in the course of employment, and no compensable injury was found.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation to Susan Van Winkle for a back injury allegedly sustained on April 4, 2003, finding that her symptoms were attributable to pre-existing Tarlov cysts rather than a work-related injury. One commissioner dissented, arguing that the ALJ's findings were unsupported by medical expert testimony indicating the twisting motion caused a chronic lumbrosacral strain unrelated to the cysts.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Mike Breihan for injuries sustained on October 22, 2001, when a brace broke while he was working at a construction site in St. Charles County. The claimant was awarded compensation for permanent partial disability of 40% to the right shoulder and 40% for psychiatric injury, totaling $83,277.38 in compensation payable.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Pamela Hood's low back injury sustained on May 23, 2003, at Hallmark Cards Incorporated when she stumbled over wires while lifting a box. The parties stipulated to leave future medical treatment open, and the award resolved all other issues including permanent partial disability rated at 14.33 percent to the body as a whole.

The Commission modified the administrative law judge's award, adjusting the compensation rate from $120.03 to $121.24 per week based on a recalculation of average weekly earnings using fourteen weeks of wage data. The Commission also increased the reimbursable medical expenses from $9,186.42 to $15,325.45.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Debra Williams for a neck injury sustained during an inmate altercation on December 11, 1997. Although the injury arose out of and in the course of employment, the Commission found the claim non-compensable under Missouri's workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for Charlotte K. Stone's bilateral shoulder injury sustained on March 31, 2005 at Dixon Nursing & Rehabilitation LC. The Commission found the injury compensable under Missouri law and awarded temporary/partial disability benefits totaling $14,784.19 for unpaid medical expenses and temporary disability weeks.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Elizabeth Weber for a motor vehicle accident that occurred on January 2, 2003, finding that the injury did not arise out of and in the course of employment. No compensation was awarded in this case.