OTT LAW

All Decisions

2,619 decisions in the archive

Snider v. Cooperative Workshop, Inc.(2009)

September 29, 2009

affirmed

The LIRC affirmed the Administrative Law Judge's award finding that employee Mickey Snider suffered a work-related back injury in March 1999 resulting in permanent total disability, with employer liable for benefits and future medical treatment. The Commission corrected the ALJ's analysis regarding Second Injury Fund liability, finding no such liability exists because the employee's permanent total disability resulted solely from the work-related injury.

back5,338 words

Rader v. Amerisafe, Inc.(2009)

September 23, 2009

affirmed

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Donna Rader's compensable work-related injury to her low back and mental injury sustained on March 25, 2004. The employee received temporary total disability payments and medical aid totaling over $42,000, with an approved attorney's fee of 25% of future payments.

back and mental injury2,547 words

Massey v. Curators of the University of Missouri(2009)

September 23, 2009

affirmed

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Juanita Massey for injuries sustained when she slipped and fell on a wet floor on May 21, 2003. Despite finding that an accident occurred during employment, the judge determined the injury was not compensable under Missouri workers' compensation law.

back12,762 words

Burger v. Bloomsdale Excavating Company, Incorporated d/b/a Artisan Contracting(2009)

September 23, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Bradley J. Burger's injuries sustained on March 24-26, 2004. The employee received compensation for a right shoulder injury from a portable saw accident and bilateral carpal tunnel from repetitive motion, with permanent partial disability settlements for both injuries.

shoulder, carpal tunnel17,584 words

Hammonds v. Columbia Mall Car Wash(2009)

September 21, 2009

affirmed

The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits to Andre Hammonds for a right ankle injury sustained when he slipped on ice. The denial was upheld because the slip and fall incident did not meet the statutory definition of "accident" under Missouri's 2005 Workers' Compensation Law amendments, which require the traumatic event to occur during a single work shift with specific, identifiable circumstances.

ankle3,616 words

Payne v. Thompson Sales Company(2009)

September 17, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Dennis Payne for a disc herniation claimed to have resulted from a shoveling injury on November 17, 2006. The Commission found that while an injury occurred, the employee failed to establish that the work incident was the cause of the subsequently identified ruptured disc requiring surgery in January 2007.

back5,726 words

Hasenbeck v. AA & L Enterprises, Inc. d/b/a Bahr Discount Foods(2009)

September 15, 2009

affirmed

The Commission affirmed the administrative law judge's award granting workers' compensation benefits for cervical strain, left shoulder girdle strain, and cubital tunnel syndrome resulting from a December 2, 2004 work accident. The employee was awarded past medical expenses, 8 and 5/7 weeks of temporary total disability benefits, and permanent partial disability awards totaling 12.5% for neck, 10% for left shoulder, and 19% for left elbow, while claims for cervical instability and other conditions were denied as unrelated to the work injury.

shoulder, elbow, neck strain9,977 words

Truelove v. FAG Bearing(2009)

September 10, 2009

affirmed

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for James Truelove, who developed dementia from exposure to TCE (trichloroethylene) while employed by FAG Bearing on March 18, 1995. The employee was awarded permanent total disability benefits beginning August 24, 1995, for his lifetime, along with temporary total disability compensation of $8,404.06.

occupational disease9,714 words

Johnson v. Kaiser Jewelry(2009)

September 3, 2009

reversed

The Commission reversed the Administrative Law Judge's dismissal of Joseph Johnson's workers' compensation claim based on untimely filing. The Commission determined that Johnson's claim, initially rejected by the Division on April 24, 2003 due to technical deficiencies, should have been accepted with that date as the filing date upon resubmission with corrections, rather than using the June 9, 2003 resubmission date.

occupational disease2,964 words

Green v. Platte County(2009)

September 2, 2009

modified

The Commission modified the Administrative Law Judge's March 2, 2009 award by allowing future medical benefits for the employee's left knee injury, finding a reasonable probability of future treatment needs including anti-inflammatory medications, steroid injections, and potential knee arthroplasty. The decision reversed the denial of future medical benefits based on Dr. Koprivica's opinion regarding the progression of post-traumatic degenerative arthritis and recommended keeping medical open to address future treatment needs.

knee4,023 words

Wright v. Ford Motor(2009)

September 2, 2009

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation benefits for Ronald Wright's work-related left knee injury sustained on April 13, 2005. The award included 72 weeks of permanent partial disability compensation from the employer and 18.93 weeks from the Second Injury Fund, totaling $4,692.34.

knee8,918 words

Lewry v. City of Kansas City(2009)

September 1, 2009

affirmed

The Commission affirmed the Administrative Law Judge's award granting permanent total disability benefits to employee Bill Lewry for toxic chemical exposure sustained on October 27, 2006, while disposing of hazardous waste. The claimant was awarded weekly permanent total disability benefits of $718.87 beginning December 9, 2007, plus future medical treatment and a 25% attorney's fee lien.

occupational disease5,166 words

Eiken v. Harley Davidson Motor Co.(2009)

September 1, 2009

affirmed

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Scott L. Eiken's back injury sustained on April 27, 2004, while lifting a wheel assembly at the Harley Davidson Motor Co. facility in Kansas City, Missouri. The employee was awarded 3% permanent partial disability compensation along with temporary disability benefits already paid, with medical expenses fully covered by the insurer.

back5,342 words

Daly v. Powell Distributing, Incorporated(2009)

September 1, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Larry Daly for a cervical spine occupational disease contracted through lifting and stacking cases of soda over a number of years. The claimant was awarded $48,481.60 in permanent partial disability compensation based on 160 weeks at $303.01 per week.

occupational disease7,817 words

Bartlett v. Siegel Roberts Automotive(2009)

September 1, 2009

affirmed

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Michael Bartlett's occupational disease involving repetitive motion to his right foot and ankle, contracted on or about August 7, 2007. Total compensation of $6,547.15 was awarded for medical expenses, temporary total disability, and permanent partial disability of 7.5% at the 155-week level.

occupational disease7,821 words

Wolin v. Swank Audio Visuals, Inc.(2009)

September 1, 2009

affirmed

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to George Wolin, an audio technician who developed bilateral carpal tunnel syndrome allegedly from his work activities. The Court found that the injury did not arise out of and in the course of his employment and therefore was not compensable under Missouri workers' compensation law.

carpal tunnel5,579 words

Reese v. Murphy Co. Mechanical, Rock Hill Mechanical(2009)

September 1, 2009

affirmed

The Commission affirmed the administrative law judge's award denying compensation, finding that the claimant's occupational diseases of carpal tunnel syndrome and exercise-induced compartment syndrome were not compensable under the last exposure rule. The dissenting opinion argues the decision should be reversed because the claimant's repetitive work duties at Rock Hill Mechanical, not Murphy Co. Mechanical, caused the occupational diseases.

carpal tunnel, compartment syndrome5,852 words

Lingo v. Midwest Block and Brick(2009)

August 20, 2009

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Tom Lingo for a head injury sustained on July 21, 1994, while moving bags of cement at work. The claimant was awarded 15% permanent disability compensation totaling $10,399.80 plus previously paid medical benefits and temporary disability compensation.

head3,722 words

Rowden v. McCarthy Building Companies(2009)

August 14, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Bobby Rowden, finding that no accident or occupational disease occurred that arose out of and in the course of employment. No compensation was awarded and the claim was determined to be non-compensable under Missouri Workers' Compensation Law.

6,016 words

Fuller v. TTC Illinois, Inc.(2009)

August 13, 2009

426 words

Brennell v. Patients First Health Care LLC(2009)

August 13, 2009

modified

The Commission modified the administrative law judge's award to expand future medical care beyond medications to include all necessary treatment to cure and relieve the employee from the effects of her occupational disease. The employee sustained a repetitive strain injury to both hands and wrists resulting in permanent partial disability with disability ratings and disfigurement compensation approved.

occupational disease4,292 words

Kinsey v. Buchheit Enterprises, Inc.(2009)

August 12, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of permanent partial disability benefits for an employee's May 26, 2004 work accident involving shoulder injury. The Commission rejected the dissenting opinion's argument for permanent total disability, finding the partial disability award supported by competent and substantial evidence.

shoulder9,470 words

McGhee v. W. R. Grace & Co.(2009)

August 12, 2009

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation to David McGhee for asbestosis, an occupational disease resulting from workplace exposure to asbestos between 1964 and 1977. The decision involved determining the appropriate permanent total disability compensation rate applicable when disease diagnosis occurred years after the harmful exposure ended.

occupational disease5,270 words

Norman v. Bi-State Development Agency(2009)

August 12, 2009

affirmed

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to a bus driver who claimed bilateral carpal tunnel syndrome from repetitive motion work. One commissioner dissented, arguing the employee presented substantial evidence that his twelve-plus years as a bus driver was the prevailing factor causing his occupational disease and permanent disability.

occupational disease3,643 words

Wallace v. Chrysler, LLC(2009)

July 31, 2009

affirmed

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to David Wallace for a herniated disc at L3-L4 and degenerative lower back changes. The majority found the condition was not caused by work-related activities, though a dissenting opinion argued the back condition resulted from repetitive occupational exposure and should be compensable.

occupational disease4,236 words