All Decisions

The Labor and Industrial Relations Commission affirmed the administrative law judge's award and decision regarding liability in this workers' compensation case. The award is temporary or partial in nature, with proceedings remaining open until a final award can be made.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Woodrow Ward, who suffered a thoracic back, right wrist, and right shoulder injury after falling 15 feet from a rooftop on June 16, 2003. The claimant was awarded permanent partial disability compensation totaling $59,837.31 for injuries rated at 25% PPD of the thoracic spine, 22.5% PPD of the right shoulder, and 17.5% PPD of the right wrist.

The Commission reversed the Administrative Law Judge's denial of workers' compensation benefits and awarded compensation to the widow of Alan Leake, a firefighter who died following work-related activities on April 30, 2006. The Commission found that the employee's work activities responding to two motor vehicle accidents were the prevailing factor in causing his death.

The Commission reversed the administrative law judge's award of workers' compensation benefits to Jeremy Sanfilippo, finding that the employer was not liable because the accident occurred on private property not owned or controlled by the employer. The Commission applied strict construction to Missouri statute § 287.020.5, which abrogates employer liability for accidents on non-employer-controlled property.

The Commission modified the administrative law judge's award to include permanent partial psychiatric disability benefits of 5% of the body as a whole, finding that the employee sustained a compensable mental injury causally related to her work-related back injury. The employee was awarded an additional $4,295.00 in psychiatric disability compensation based on credible medical evidence establishing the connection between her back pain and adjustment disorder.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to employee Steve Rowens. The Commission found the award was supported by competent and substantial evidence and was issued in accordance with Missouri Workers' Compensation Law.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to James Taylor for injuries sustained on April 2, 2003, when he was knocked to the ground during an altercation with an inmate while performing his duties as a guard. The employee was awarded permanent and total disability benefits with ongoing medical care to be paid by the employer/insurer.

The Missouri Court of Appeals vacated the Commission's affirmation of the administrative law judge's denial of workers' compensation benefits, finding insufficient findings of fact and unclear legal reasoning regarding whether the March 31, 2002 injury arose out of and in the course of employment. The Commission reversed the administrative law judge's award on remand to provide proper findings and conclusions on the primary issue of whether the injury was work-related.

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Candace Fry, who alleged that her work operating a fry station caused injury to her right hand, wrist, and forearm. The Commission found that the alleged injury did not arise out of and in the course of employment, making it non-compensable under Missouri workers' compensation law.

The Commission affirmed the administrative law judge's award on medical fee dispute, finding that St. Luke's Hospital's charges for emergency room treatment provided to Joseph Dougherty following his November 7, 2006 workplace injury were fair and reasonable. The dispute involved unpaid medical fees of $1,188.34 out of total charges of $3,256.00 billed for the emergency services.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Bonnie Olson for a right upper extremity injury sustained on July 20, 2005, when she was struck by a box dropped by a coworker at Bass Pro, Inc. The award includes permanent total disability benefits for the claimant's lifetime, temporary disability compensation already paid, and future medical treatment.

The Commission affirmed the Administrative Law Judge's award of workers' compensation for Julie Fink's occupational disease claim for carpal tunnel syndrome developed through typing duties on June 7, 2006. The award of $38,196.50 for 104.63 weeks of permanent partial disability (25% each wrist, 15% load, and 4 weeks disfigurement) was found to be supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

The Commission affirmed the administrative law judge's award of permanent total disability benefits for Oscar Scott, who sustained a low back injury while operating a forklift on an uneven surface on May 6, 2005. Scott is entitled to permanent total disability benefits of $453.51 per week for his lifetime beginning October 13, 2006, along with necessary medical treatment.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits for employee Eric Clark on June 10, 2009. The Commission found the award was supported by competent and substantial evidence and made in accordance with Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Dewaun Jackson in injury case No. 07-094227. The decision was made on October 22, 2009, based on competent and substantial evidence in accordance with Missouri Workers' Compensation Law.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Thomas Schuchman for an alleged heart attack sustained while working on July 8, 2005. The claim was determined to be non-compensable as the injury did not arise out of and in the course of employment.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Diane Dobbs, who alleged developing upper extremity pain while working as a telemarketer at MCI in November 1997. The Commission found that the alleged occupational disease did not arise out of and in the course of employment under Missouri Workers' Compensation Law.

The Commission reversed the Administrative Law Judge's decision and found that the employee's preexisting injuries met the Second Injury Fund threshold, entitling her to compensation. The employee, an orthodontic assistant, sustained a cervical spine injury when her feet became entangled in wires causing her to trip and fall on November 2, 1998, and was awarded 37.5% permanent partial disability of the body as a whole.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation for Emily Thomas's bilateral carpal tunnel syndrome, finding that proper notice was given to the employer on March 9, 2006, when the Division of Workers' Compensation sent confirmation of the claim. The decision clarified that the 30-day notice requirement begins from the date a diagnostician establishes a causal connection between the condition and work-related activity, not from initial diagnosis of the underlying medical condition.

The Commission reversed the Administrative Law Judge's award of workers' compensation benefits for a customer care representative who fell at work on July 5, 2006, sustaining back and bilateral knee injuries. The Commission determined that the work-related accident was not the prevailing factor in causing the employee's back and bilateral knee conditions, given her documented pre-existing back problems and the temporal inconsistencies in her medical reporting.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for Garold Savage's left knee injury sustained on May 3, 2007, during employment. The employee received permanent partial disability benefits from the employer and permanent total disability benefits from the Second Injury Fund due to a combination of the primary injury and pre-existing conditions.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Karen McCarthy for carpal tunnel syndrome. The Commission found that McCarthy failed to meet her burden of proving that her occupational disease arose out of and in the course of her employment, as her medical condition was not caused by work as the prevailing factor, given her significant non-occupational risk factors including diabetes, obesity, and high blood pressure.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Denise Pile, finding that her injury did not arise out of and in the course of employment. A dissenting opinion argued the ALJ misapplied the statutory test by ignoring the word 'equally' in the causation analysis.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying compensation to Sharon Lawrence for alleged hearing loss and tinnitus from occupational noise exposure. The claim was denied because it was not filed within the time required by law.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Russell McDonald for a cubital tunnel injury of the right elbow sustained through lifting and emptying trash barrels during employment. The claimant was awarded $34,760.81 in total compensation including temporary disability, permanent partial disability, and disfigurement benefits.