Filtered Decisions

The Commission affirmed the administrative law judge's award finding the employee sustained 32% permanent partial disability from a primary 2005 injury that, when combined with preexisting permanent partial disabilities from a 1993 work injury, resulted in permanent total disability. The Second Injury Fund was found liable for the employee's permanent and total disability benefits.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Stephen Bray, a salesman who claimed physical and sexual harassment caused psychiatric injury. 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 Commission affirmed the administrative law judge's decision denying Second Injury Fund liability and finding the employee permanently and totally disabled from the last accident alone. The case involved a March 29, 2003 workplace injury at Wal-Mart in Camden County, Missouri, with both employer and insurer having reached a tentative settlement.

The Commission reversed the administrative law judge's award of workers' compensation to Christina Alcorn, a paraprofessional educator who claimed a back injury sustained while lifting a seizing student from bleachers on November 11, 2003. The reversal was based on the employee's failure to provide written notice of the injury within thirty days as required by Missouri statute, with the Commission finding insufficient evidence that the employer was not prejudiced by the delayed notice.

The Commission modified the administrative law judge's award by finding the employee reached maximum medical improvement on December 21, 2004 (rather than December 27, 2004), making him eligible for permanent total disability benefits beginning December 22, 2004. The employee receives permanent total disability benefits at $570.27 weekly for his lifetime as a result of his December 24, 2002 work injury.

The Commission modified the prior administrative law judge's award following a court mandate, determining that Glennda Taylor's surviving spouse is entitled to receive her awarded permanent total disability benefits for his lifetime despite her death from a non-work-related cause. The decision applies the Schoemehl doctrine to extend dependent benefits to the surviving spouse indefinitely.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits in this motor vehicle accident case. The employee failed to appear at the final hearing on February 2, 2009, and no compensable injury was found under Missouri law.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Delores Mills for a right Achilles tendon injury sustained on December 12, 2001. The claimant was awarded 22.5% permanent partial disability at the 155-week level, with the Second Injury Fund liable for 45.4 weeks of permanent partial disability compensation totaling $14,955.67.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Suljo Cuskic for bilateral rotator cuff tears, finding the evidence insufficient to establish causation. A dissenting opinion argued the employee met his burden of proof regarding the causal connection between his work duties and the shoulder injury.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Carolyn Brooks, a secretary who sustained an upper extremities injury on June 27, 2004. The Commission found the injury compensable and approved permanent total disability benefits payable by the Second Injury Fund at the weekly rate of $292.32 for the remainder of the employee's life.

The Commission affirmed the administrative law judge's findings of 20% permanent partial disability to the left knee and 45% pre-existing disability to the spine, but modified the Second Injury Fund's liability calculation from $21,378.28 to $14,714.92. The employee sustained the knee injury on November 10, 2003, while inspecting sewer drain elevation at work.

The Commission affirmed the administrative law judge's award granting permanent total disability benefits to David Kammeier for peripheral neuropathy caused by prolonged chemical exposure during his employment at A. R. Fleming Printing Company. The employee is entitled to weekly compensation of $578.48 for life beginning June 19, 2006, with the insurer receiving credit for temporary disability benefits previously paid.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to James Wilford for multiple injuries sustained in a tractor-trailer accident on April 22, 1995 in Callaway County, Missouri. Benefits awarded include temporary total disability compensation, permanent partial disability, and disfigurement compensation totaling over $104,000.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Terry Henry for an alleged accident on March 29, 2007. The Commission found that the injury did not arise out of and in the course of employment under Chapter 287 of Missouri law.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Robert Workman for injuries sustained when he fell while pushing a barrel of trash on December 5, 2003. The employee was awarded temporary disability compensation, medical aid, and future medical treatment for his left hip fracture and left shoulder injury.

The Commission affirmed the administrative law judge's decision finding that the Division lacked jurisdiction over the employee's workers' compensation claim because the injury was sustained outside Missouri and the employment was not principally localized in Missouri. The case hinged on whether the contract of employment was made in Missouri or another state, with the evidence showing the employee lived in Arkansas and performed work primarily in the northeast United States.

The Commission affirmed the denial of compensation for a claim of work-related bilateral carpal tunnel syndrome alleged to have occurred through January 29, 2007, finding it was the same medical condition for which the employee was diagnosed and treated in 2004. Because the employee failed to establish a new and distinct injury caused by repetitive trauma through the alleged 2007 date, the claim was denied.

The Commission modified the administrative law judge's award, affirming a 60% permanent partial disability rating for multiple injuries (closed head injury, bilateral shoulders, cervical problems, chronic pain, depression) plus 4 weeks for disfigurement, totaling 244 weeks of employer liability. The Second Injury Fund was found liable for permanent total disability benefits of $649.32 per week for the employee's lifetime, despite the Fund's appeal arguing the permanent total disability resulted solely from the primary injury.

The Commission affirmed the Administrative Law Judge's award granting compensation to machine operator Gina Bommarito for carpal tunnel syndrome in her left wrist sustained on February 15, 2005. The claimant was awarded 20% permanent partial disability benefits and lifetime compensation through the Second Injury Fund.

The Commission affirmed the Administrative Law Judge's award denying all workers' compensation benefits in this case. Although the injury occurring on December 28, 2000, when the claimant caught his foot on a skid and rolled, was deemed compensable under Missouri law, no permanent disability was found and no compensation was awarded.

The Commission affirmed the Administrative Law Judge's decision denying additional compensation to employee Lisa Bowman for a head injury sustained on June 13, 2004, when she struck her head on a metal object while picking up debris. Although the injury was found to be compensable and temporary disability and medical benefits totaling approximately $19,600 were previously paid, no permanent disability was awarded and no further compensation was due.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for a back injury sustained on February 2, 2004. One member dissented, arguing the employee should have been awarded permanent total disability benefits based on medical causation of subsequent surgeries and stenosis diagnosed in 2005.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent partial disability benefits for Michael Huller's compensable May 6, 2004 work-related spine injury requiring surgical fusion and fixation. A dissenting opinion argued that future medical benefits should also be awarded based on the reasonable probability of continued treatment needs following the spinal surgery.

The Missouri Court of Appeals reversed the Commission's April 2008 award, and upon remand, the Commission affirmed the administrative law judge's October 2007 decision awarding Roger Bock 7.5% permanent partial disability of the right lower extremity resulting from a July 28, 2005 work-related injury caused by a fallen pipe. The Commission determined that lay testimony was sufficient to establish the extent of disability without requiring expert testimony in this case.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of permanent partial disability benefits for Carol Landers' compensable September 15, 2002 work-related injury. A dissenting opinion argued for permanent total disability benefits based on vocational expert testimony that the employee was unemployable in the open labor market due to pain and inability to perform any level of work.