Filtered Decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Ruth Atkins for a wrist injury sustained on April 7, 2005, finding the decision supported by competent and substantial evidence. A dissenting opinion argued the judge erred in disregarding uncontradicted vocational expert testimony regarding the employee's permanent total disability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to school bus driver Tina Ball-Sawyers for cumulative trauma to her lumbar spine sustained on February 24, 2001. The claimant was awarded permanent and total disability benefits along with compensation for temporary total disability and unpaid medical expenses totaling over $236,000.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation to Rosemary Bivens for a right knee injury sustained in a fall at St. Alexus Hospital on May 20, 2004. The claimant was awarded compensation for temporary total disability and permanent partial disability of 50% to the right knee, with medical expenses covered by the insurer.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for the fatal injuries sustained by Paul Robey, a deceased employee, who died from head injuries suffered in a motor vehicle accident on June 22, 2001 while driving a truck for his employer. Compensation awarded totaled $72,460.31, including medical expenses, temporary total disability, and funeral expenses, with the Second Injury Fund claim denied.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to a physical education teacher for varicose veins claimed as an occupational disease. The dissenting opinion argues the employee failed to prove the condition was an occupational disease rather than an ordinary disease of life, citing the employee's delayed claim filing and active lifestyle both at work and outside of work.

The LIRC reversed the Administrative Law Judge's award of workers' compensation death benefits to the dependents of Norman Heiskell, who died in November 2003 following an October 2003 accident at Golden City Foundry. The Commission concluded that the employee's death was not due to an accident arising out of and in the course of his employment, thereby denying the death benefits claim.

The Commission affirmed the administrative law judge's award finding that the employee had a pre-existing 15% permanent partial disability of the right knee that met the statutory threshold under section 287.220 RSMo. The Second Injury Fund was held liable for 7.35 weeks of permanent partial disability benefits, with an additional 20% permanent partial disability attributed to work-related aggravation from the October 19, 2004 accident.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to employee Jamey Blackerby for a back injury sustained on August 4, 2005, when a coworker dropped a beam during a lifting operation. The claimant was determined to have permanent and total disability with compensation for unpaid medical expenses and temporary total disability benefits.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to James R. Myers for a right elbow injury sustained on April 13, 2001, while moving furniture. The employee received temporary disability benefits of $64,900.29 and was awarded 5% permanent partial disability to the right elbow totaling $3,299.73.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Geneva Sellers for occupational disease (cubital and carpal tunnel syndrome) sustained on May 19, 2003, while performing job duties. The claimant was awarded permanent partial disability benefits, unpaid medical expenses of $18,150.80, and temporary disability compensation.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Robert Hampson for a work-related back injury to the lumbar spine sustained on June 19, 2002, when he was struck by a pickup truck while assisting a coworker. The employee was awarded $79,060.80 representing 60% permanent partial disability of the body as a whole referable to the lumbar spine.

The Missouri LIRC affirmed the administrative law judge's award finding that employee Michael Eye contracted an occupational disease affecting his hands and upper extremities from his work as a team leader. A dissenting opinion argued the employee failed to establish sufficient workplace exposure through competent evidence to support the occupational disease claim.

The Commission affirmed the Administrative Law Judge's award finding the employee permanently and totally disabled from a work-related back condition sustained on November 3, 2000. The Commission denied the employee's request for reimbursement of past medical expenses from unauthorized treatment, finding the treatment was not medically necessary to cure and relieve the effects of the work injury.

The Commission affirmed the Administrative Law Judge's award of temporary or partial workers' compensation benefits for Douglas Rector's work-related injury to both wrists and hands sustained on May 31, 2004. The award provides for future medical care and remains subject to modification as the case continues toward a final determination.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Patricia Palmer for a left knee injury sustained on July 22, 1999, when she tripped and fell while walking into work at St. Anthony's Medical Center. The employee was awarded permanent partial disability benefits against the employer and permanent total disability benefits against the Second Injury Fund due to the combination of the primary injury and a preexisting condition.

The Commission affirmed the Administrative Law Judge's award denying compensation in this workers' compensation case involving a low back injury from a slip and fall accident on July 12, 2004. Although the injury was found to be compensable and arose out of employment, no permanent disability was determined, resulting in no compensation being awarded despite temporary disability payments already made.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for an occupational disease claim. The employee sustained a 15% permanent partial disability in both hands and wrists from repetitive use of hands and wrists performing job duties, with the Commission finding the award supported by competent and substantial evidence.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for John R. Wheeler's back injury sustained while lifting a boat hull on August 7, 2001. The claimant was awarded 30 percent permanent partial disability to the body as a whole and temporary total disability compensation of 45 3/7 weeks.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Gregory Silva for a claim of workplace stress injuries. 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 workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying compensation to William Clark for occupational hearing loss of his left ear, finding the Second Injury Fund not liable. The dissenting opinion argued the decision conflicted with Supreme Court precedent on synergistic disability claims combining preexisting wrist disability with the work-related hearing loss.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Andrew Sutton for a left ring finger injury sustained on September 22, 2004 while raking gravel. The Commission approved compensation totaling $32,629.29 including unpaid medical expenses of $25,754.29, temporary disability, permanent partial disability, and disfigurement benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Gerald Gordon for a work-related shoulder injury on October 21, 2005. The Commission found that Gordon failed to prove his work accident was the prevailing factor in causing his massive rotator cuff tear requiring surgery, given his prior 1993 rotator cuff repair history.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Robert Davinroy, a dockworker who claimed a repetitive strain injury to his right knee. The Commission found that the alleged 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 of workers' compensation benefits to Robert Church for a cervical spine injury sustained on May 9, 2002, when he fell forward while carrying an oxygen welding tank on his back. The employee was awarded 30% permanent disability benefits, with the Second Injury Fund liable for 30.75 weeks of compensation totaling $10,129.67.