All Decisions

The Commission reversed the Administrative Law Judge's award finding that employee Angela Bond sustained a compensable work injury to her right wrist from a fall caused by tripping over a telephone cord on May 17, 2007. The Commission determined that the employee's injury did not arise out of and in the course of her employment, and therefore reversed the award of past medical expenses, future medical treatment, and attorney's fees.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that the employee's right knee injury from an elevator malfunction was a compensable work injury. The decision awards unpaid medical expenses of $64,802.09 and temporary total disability benefits, with the case remaining open for further determination pending maximum medical improvement.

Kenneth H. Tilley was awarded permanent total disability benefits after suffering a back injury while unloading canvas rolls from a truck on June 6, 2003. The Commission affirmed the administrative law judge's award, which included temporary total disability payments and necessary medical expenses.

The Commission reversed the administrative law judge's decision denying the employee's claim against the Second Injury Fund as time-barred. Following the Grubbs v. Treasurer of Missouri precedent, the court determined that a Stipulation for Compromise Settlement with the employer constitutes a 'claim for compensation' that resets the filing deadline for claims against the Second Injury Fund.

The Commission modified the administrative law judge's award regarding when permanent total disability benefits should begin for employee James Brawley's work-related wrist injury. The Commission determined that permanent benefits should commence on July 17, 2006 (when maximum medical improvement was reached) rather than May 17, 2006, and ordered the Second Injury Fund to pay benefits at the modified differential and permanent rates accordingly.

The Commission reversed the administrative law judge's award and found that employee Shelly Martin suffered work-related back injuries on June 11, 2002, and January 14, 2003, while employed at Mark Twain Caring Center. The Commission determined that employer failed to provide necessary medical treatment and must furnish additional medical care under the direction of Dr. Gornet.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding that Teresa Kitchen developed compensable carpal tunnel syndrome from hand-intensive work at Burger King. This is a temporary and partial award with the case kept open for final determination.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Ronald Michael's occupational disease involving repetitive trauma to both wrists sustained while working as a UPS driver. The case involved settlement with the employer/insurer and liability allocation to the Second Injury Fund for enhanced disability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's final award denying workers' compensation benefits to employee Annie Treadwell. The Commission found that the alleged injury or occupational disease did not arise out of and in the course of employment, making it non-compensable under Missouri workers' compensation law.

The Commission reversed the Administrative Law Judge's denial of workers' compensation benefits, finding that the employee did not forfeit his right to compensation despite refusing a post-injury drug test. The employee, who sustained a serious spinal cord injury when a wall fell on him at work, was awarded temporary total disability and medical treatment including pain management, psychological care, and physical therapy.

The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for Ruth Bailey, who sustained a knee injury on January 15, 2006, while walking in a hospital hallway. The decision turned on whether the injury resulted from an accident arising out of and in the course of employment.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to an employee who sustained a contusion to her right thumb when struck by a patient on September 2, 2006. Although a compensable accident was found to have occurred, the ALJ determined that no future medical care or permanent disability resulted from the injury, attributing ongoing symptoms to preexisting osteoarthritis rather than the accident.

The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for Sandra Juhl's slip and fall injury that occurred on September 28, 2005 while mopping. Although the injury arose out of and in the course of employment, no compensation was awarded because the claim was not filed within the time required by Missouri law.

The Missouri LIRC affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to Richard A. Fuller for a torn left bicep tendon sustained on October 9, 2007, because he failed to provide written notice of the injury within 30 days as required by statute. A dissenting opinion argued the notice requirement was applied too strictly given the employee's lack of sophistication about workers' compensation procedures and the employer's failure to properly notify him of the notice requirement.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to custodian Wendy L. Fry for a low back injury sustained on October 2, 2006, while emptying a trash barrel. The claimant was awarded 25% permanent partial disability benefits totaling $52,504.36, including unpaid medical expenses, temporary disability compensation, and permanent partial disability payments.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits despite finding the employee sustained compensable low back and lung injuries from repetitive work and chemical exposure. Although permanent partial disability was assessed at 12.5% for the back and 3.95% for the lungs, no compensation was awarded.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for an alleged right shoulder injury claimed to have occurred on September 30, 2008 during lifting activities. The claim was denied because the alleged accident did not arise out of and in the course of employment, and no compensable injury was established under Missouri law.

The Commission reversed the Administrative Law Judge's award of workers' compensation benefits to a nurse who contracted carpal tunnel syndrome, finding that the ALJ erred in holding Children's Mercy Hospital liable for an occupational disease claim. The Commission determined that liability in occupational disease cases depends on exposure to the hazard, not the date of accident, and that the last employer of exposure should bear responsibility.

The Commission affirmed the Administrative Law Judge's award allowing temporary workers' compensation benefits for an occupational disease/repetitive trauma injury. The Commission also clarified that the employee satisfied the statutory notice requirements under section 287.420 RSMo by filing a timely Claim for Compensation on July 24, 2006.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Taylor Poole for injuries sustained on April 27, 2002, when the employee tripped over forklift tines. The employee was awarded permanent partial disability compensation totaling $32,862.56 for injuries to both ankles, left wrist, and cervical spine.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Douglas E. Murray for a back injury sustained on February 4, 1998, while pulling on a stuck spade. The Commission approved permanent partial disability compensation of 17.5% of the body as a whole, along with underpaid temporary total disability benefits and medical expenses totaling $24,691.18.

The Commission reversed the Administrative Law Judge's decision that classified the employee as a domestic servant exempt from workers' compensation coverage. The employee, a Certified Nurse Aide providing medical care to a homebound patient with Parkinson's Disease, sustained a compensable back injury to the lumbar spine (6% permanent partial disability) when the patient's knees buckled while being transferred to a reclining chair.

The Commission reversed the Administrative Law Judge's dismissal of the employee's Second Injury Fund claim, finding that the ALJ erred in determining lack of subject matter jurisdiction. The employee, who had settled his claim against the employer for bilateral elbow injuries (35% right upper extremity and 30% left upper extremity permanent partial disability), proceeded against the Second Injury Fund and was entitled to have his claim substantively considered on remand.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to William Hockersmith for injuries sustained in a slip and fall accident on August 22, 2007 near Rolla, Missouri. The Commission approved permanent partial disability compensation totaling $13,908.18, past temporary total disability of $7,108.89, and unpaid medical expenses of $5,438.00.

The Commission reversed the Administrative Law Judge's decision and found that the employee's injuries from a coworker's assault arose out of and in the course of employment, as the assault resulted from work friction rather than being of neutral origin. The assault occurred when the coworker followed the employee home and attacked her after an altercation at work, making the claim compensable for temporary total disability, past medical expenses, and permanent partial disability benefits.