OTT LAW

Filtered Decisions

185 decisions matching filters

Johnson v. Nike IHM Manufacturer(2010)

April 15, 2010

affirmed

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits, finding the employee failed to prove her bilateral carpal tunnel syndrome was an occupational disease arising from her employment. A dissenting opinion argued the ALJ improperly weighed evidence and that future medical care should have been awarded.

carpal tunnel6,530 words

Johnson v. Wal-Mart Associates, Inc.(2010)

April 15, 2010

affirmed

The LIRC affirmed the administrative law judge's award of workers' compensation to Paula L. Johnson for a neck and shoulder injury sustained on March 29, 2003, while pulling stuck shopping carts apart at Wal-Mart. The Commission corrected the calculation of temporary total disability benefits from $3,215.22 to $2,143.71, resulting in a total award of $69,860.74.

neck and shoulder16,980 words

Bales v. Missouri Department of Corrections(2010)

April 15, 2010

affirmed

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for Keith Bales, who alleged a slip and fall injury on a wet floor in a power plant on May 9, 2003. The claim was denied as the injury was determined not to be compensable under Missouri workers' compensation law.

back1,692 words

Perdue v. PeopLease Corp.(2010)

April 14, 2010

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Mary Perdue for an injury sustained while unloading a trailer on January 5, 2006. The Commission rejected the employer's arguments that no accident occurred, that the activity was equally exposed outside employment, and that the medical evidence was improperly weighed.

back5,244 words

Zachery v. City of Kansas City, Missouri(2010)

April 9, 2010

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Joseph Zachery. The Commission found the award was supported by competent and substantial evidence and made in accordance with Missouri Workers' Compensation Law.

213 words

Houston v. Finninger's Catering Service(2010)

April 8, 2010

affirmed

The Commission affirmed the administrative law judge's award denying compensation, finding that the employee failed to meet his burden of proof regarding future medical treatment, temporary total disability benefits, permanent partial disability benefits, and permanent total disability status. The Commission also rejected the employee's claim against the Second Injury Fund.

14,235 words

Grant v. Anheuser-Busch Companies, Inc.(2010)

April 8, 2010

affirmed

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Velvet Grant for an alleged occupational disease to her hands and wrists sustained while performing office work. The Commission found that the injury did not arise out of and in the course of employment and was not compensable under Missouri Workers' Compensation Law.

occupational disease3,068 words

Gervich v. Condaire, Inc.(2010)

April 7, 2010

affirmed

The Commission affirmed the administrative law judge's award denying the widow of a deceased employee continuing permanent total disability benefits that would have accrued after the employee's death. The decision applies the 2008 Missouri statutory amendments that rejected the Schoemehl decision and terminated dependents' rights to unaccrued permanent total disability compensation upon the injured employee's death.

work-related injury14,599 words

Sell v. Ozarks Medical Center(2010)

April 7, 2010

affirmed

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Eli Sell's work-related back injury sustained on May 29, 2006, which resulted in permanent partial disability of 20% of the body as a whole. The decision upheld liability for future medical treatment, temporary total disability benefits from May 30, 2006 through February 19, 2008, and permanent partial disability benefits despite the employer's argument regarding inadequate notice of the injury.

back6,449 words

Manion v. Fahr's Greenhouses(2010)

April 7, 2010

affirmed

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to the claimant. The claimant alleged she developed asthma and chemical sensitivity from exposure to chemicals and latex in the workplace, but the evidence did not support that the condition arose out of and in the course of employment.

occupational disease5,900 words

Larson v. Missouri Chamber of Commerce and Industry(2010)

April 7, 2010

affirmed

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Karen Larson for an alleged injury to her left foot and great toe that occurred on May 1, 2007. The ALJ found that the injury did not arise out of and in the course of employment, making it non-compensable under Missouri workers' compensation law.

foot2,090 words

Miller v. Argosy Casino Riverside(2010)

April 2, 2010

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Mary E. Miller for a right shoulder injury sustained on October 17, 2006, when she tripped and fell while walking in a hallway at Argosy Casino Riverside. The employee was awarded $27,952.70 in total compensation for temporary and permanent partial disability, plus medical expenses of $23,492.38 already paid by the insurer.

shoulder5,153 words

Woodard v. Vitro Products, Inc.(2010)

March 25, 2010

affirmed

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits for Willie Woodard's alleged back injury from lifting on July 27, 2007. The injury was found not to be compensable under Missouri workers' compensation law, with no benefits, medical aid, or disability compensation awarded.

back1,486 words

Sanders v. Lionmark Construction d/b/a Pace Construction(2010)

March 25, 2010

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Mike Sanders' low back injury sustained on September 15, 2004 while operating heavy equipment. The Commission found the injury compensable and approved permanent total disability benefits against the Second Injury Fund, along with temporary disability compensation and medical aid already paid.

back5,346 words

Soligo v. GST Steel Company(2010)

March 24, 2010

modified

The Commission modified the Administrative Law Judge's award by affirming the 35% right upper extremity permanent partial disability benefits but reversing the award of costs and attorney fees. The Commission found that while the employee established entitlement to workers' compensation benefits, the employer/insurer had reasonable grounds for defending the claim.

upper extremity and noise exposure6,737 words

Shearer v. Convergys Corporation(2010)

March 24, 2010

affirmed

The Commission affirmed the administrative law judge's temporary award allowing compensation for an employee struck by a vehicle in the employer's parking lot at the end of her work day on December 18, 2008. The injury was deemed to arise out of and in the course of employment because the employee would not have crossed paths with the negligent driver but for her employment.

motor vehicle accident9,065 words

Parsons v. Steelman Transportation, Inc.(2010)

March 23, 2010

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to David Parsons for a hernia sustained on July 2, 2007. The Commission found that the injury did not arise out of and in the course of employment, as the claimant was not in the employ of Steelman Transportation at the time of the alleged accident.

hernia4,349 words

Stillwell v. Knapheide Truck Equipment Company(2010)

March 23, 2010

modified

The Commission modified the administrative law judge's award, holding that medical expenses constitute 'compensation' under Missouri Workers' Compensation Law and are therefore subject to reduction under § 287.120(5) when an employee is injured due to violation of safety rules or failure to use safety devices. The decision clarifies statutory interpretation through plain language analysis and legislative intent, distinguishing the holding from prior case law.

4,997 words

Wilken v. Qualserv Corporation(2010)

March 16, 2010

reversed

The Commission reversed the Administrative Law Judge's award, denying workers' compensation for an employee who claimed back injuries from two workplace incidents in January and February 2006, along with subsequent complications including a treatment-related burn and pulmonary embolism. The decision hinged on whether the workplace accidents were the prevailing factor in causing the employee's back condition, given significant preexisting degenerative disc disease and spinal stenosis.

back3,854 words

Thompson v. ICI American Holding f/k/a National Starch & Chemical(2010)

March 16, 2010

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Eddie L. Thompson for a right hand injury sustained on October 20, 2007, when his hand was pulled between a machine belt and pulley. The employee was awarded temporary total disability underpayment, permanent partial disability compensation for 55% impairment to the right upper extremity, and disfigurement benefits, with a 37.5% safety violation penalty reduction applied.

hand10,353 words

Cooper v. Bank of America(2010)

March 16, 2010

affirmed

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Erin Cooper for a left ankle injury sustained in a slip and fall on September 14, 2006 while leaving her workplace at Bank of America. The award includes temporary total disability compensation, past medical expenses, and 40% permanent partial disability benefits totaling $40,046.30.

ankle8,453 words

Williamson v. Emery Sapp & Sons, Inc.(2010)

March 16, 2010

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Eric Williamson for a fall from a bridge approximately forty feet, which resulted in multiple injuries and permanent total disability. The employee is entitled to permanent total disability benefits of $599.71 per week for life, commencing February 2, 2008, along with lifetime medical benefits.

traumatic injury4,375 words

Crump v. PrintPack Georgia, Inc.(2010)

March 9, 2010

affirmed

The Commission affirmed the administrative law judge's decision denying compensation and finding no Second Injury Fund liability, though disagreeing with the reasoning. The employee's 1995 and 2001 back injuries were determined not to combine in a manner creating Second Injury Fund obligations.

back16,202 words

Scott v. Midamerica Hotels Corporation(2010)

March 5, 2010#06-092399

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that a restaurant server's bilateral upper extremity complaints (wrists and hands) resulting from repetitive hand-intensive work were compensable occupational injuries. The case is designated as a temporary or partial award with proceedings kept open for further determination.

carpal tunnel5,994 words

Nebbit v. City of St. Louis(2010)

March 5, 2010

affirmed

The Missouri LIRC affirmed the administrative law judge's award of workers' compensation to Sonya Nebbitt for a compensable occupational disease injury when she was struck in the head and face by a prisoner on February 6, 2008. The employee was awarded 20 weeks of permanent partial disability benefits totaling $7,780.80, representing 5% permanent partial disability of the cervical spine.

occupational disease3,839 words