OTT LAW

Filtered Decisions

194 decisions matching filters

Pursifull v. Braun Plastering Company Inc.(2006)

April 7, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Michael Pursifull for two accidents occurring in September 2003. The employee failed to establish compliance with notice requirements under Missouri law and failed to prove a causal connection between the accidents and claimed injuries.

4,363 words

Bell v. Consolidated Personnel/CPC Logistics Inc.(2006)

April 6, 2006

reversed

The Missouri LIRC reversed the Administrative Law Judge's award, finding that the employee failed to establish that an injury was sustained due to an accident arising out of and in the course of employment. The Commission determined that the employer's evidence was more credible and persuasive than the employee's version of the alleged accident.

8,416 words

Burnett v. Murphy Company(2006)

March 31, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Bob D. Burnett for a work-related injury sustained on March 15, 2002, in St. Charles County, Missouri. One commissioner dissented, arguing the award should be modified to include compensation for a disc injury that the majority found lacked sufficient causal connection to the workplace accident.

back5,035 words

Tubb v. Daimler Chrysler Corporation(2006)

March 30, 2006

reversed

The Labor and Industrial Relations Commission reversed the administrative law judge's decision and awarded compensation to Linda Tubb for a thoracic back injury sustained on May 28, 2002, while working on an assembly line. The Commission found the employee entitled to benefits despite the ALJ's determination that the condition was an ordinary disease of life rather than an occupational disease.

back5,909 words

Liberty v. Owens Corning(2006)

March 29, 2006

affirmed

The LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Arthur Liberty, finding that his alleged low back injury from repetitive job duties as a maintenance worker did not arise out of and in the course of his employment. No compensation was awarded in the case.

occupational disease4,670 words

Matthews v. City of St. Ann(2006)

March 29, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to James Matthews, a municipal building inspector who suffered cervical and lumbar strain and head contusion when his stool broke on September 27, 2002. The employee was awarded 10% permanent disability to the body as a whole referable to the neck and low back, with benefits paid by the employer and Second Injury Fund.

neck and back strain7,745 words

Sartin v. Paul Mueller Company(2006)

March 24, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Harold Sartin for an occupationally induced respiratory condition (COPD), awarding 7.5% permanent partial disability. A dissenting commissioner argued the award should be modified to increase permanent partial disability to at least 10% based on unimpeached medical expert testimony.

occupational disease5,191 words

Metts v. Fantasy Bus Limousine Service(2006)

March 23, 2006

affirmed

The Labor and Industrial Relations Commission affirmed its temporary award finding the Second Injury Fund liable for medical expenses related to the employee's work-related injury from September 18, 1993. The Commission determined that sufficient factual basis existed to award compensation for medical bills when the employee testified the visits and treatments were products of the work-related accident and submitted supporting medical records.

work-related injury25,822 words

Alford v. Hussmann Corporation(2006)

March 23, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Roger Alford, finding that his alleged occupational disease of the back and knees did not arise out of and in the course of his employment. No benefits were awarded, and the case remains open for potential future proceedings.

occupational disease4,477 words

Hadley v. St. Joseph Health Center(2006)

March 21, 2006

affirmed

The Commission affirmed the administrative law judge's award finding that the claimant's low back injury from lifting a patient was compensable and that the employer must provide future psychiatric treatment. The claimant was awarded 20% permanent disability of the body as a whole referable to low back injury and 20% referable to psychiatric condition.

back5,378 words

Rosenketter v. Integram St. Louis Section(2006)

March 21, 2006

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Mary Ann Rosenketter for a work-related slip and fall injury on September 15, 1995, resulting in right ankle and knee injuries. The award granted 12% permanent partial disability compensation for the right ankle totaling $4,785.59, with past medical expenses of $2,752.37 already paid.

ankle/knee177,872 words

Reece v. K. B. Hart Electric, Inc.(2006)

March 21, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying compensation in a workers' compensation case involving an employee who fell off a ladder while working as an electrician on March 23, 2006. Although the injury to the right knee and low back was found to be compensable and work-related, no benefits were awarded due to findings in favor of the employer and insurer regarding medical causation, future medical care, and disability.

fall5,461 words

Cypher v. Independent Plumbing and Interior Electric(2006)

March 21, 2006

modified

The Labor and Industrial Relations Commission modified the administrative law judge's award in a workers' compensation case involving an electrician who slipped and injured his back on November 29, 2001, while working for Independent Plumbing and Interior Electric. The employee subsequently experienced a severe allergic reaction to ibuprofen prescribed at a medical facility, but medical evidence supported that his primary compensable injury was the back injury resulting in fusion surgery and ongoing pain and psychological disorders.

back8,350 words

Garcia v. Collene Concrete, Inc.(2006)

March 15, 2006

affirmed

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Lorenzo Garcia, who sustained a back injury when struck by a concrete buggy on April 23, 2003. The claimant was awarded 12.5% permanent partial disability to the body as a whole and permanent total disability benefits beginning September 23, 2003.

back2,898 words

Dubose v. City of St. Louis(2006)

March 15, 2006

reversed

The Commission reversed the Administrative Law Judge's decision and awarded workers' compensation benefits to Leslie Dubose for injuries sustained in a motor vehicle accident precipitated by an idiopathic occurrence (seizure disorder). The Commission held that the employee is entitled to benefits because the conditions of employment caused or contributed to cause the accident, establishing the required causal connection under section 287.120 RSMo.

motor vehicle accident7,523 words

Stonecipher v. Poplar Bluff R-1 Schools(2006)

March 10, 2006

modified

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding workers' compensation benefits for Robert L. Stonecipher's June 7, 2002 workplace injury. The employer's appeal challenged the awards for permanent partial disability, past medical expenses, future medical expenses, and temporary total disability benefits based on claims of excessiveness and lack of medical necessity.

occupational disease13,238 words

Talbert v. AGCO Mfg. Group(2006)

March 7, 2006

affirmed

The Commission set aside the June 7, 2005 Order of Dismissal and affirmed the July 10, 2003 Award of the Administrative Law Judge, finding the employee entitled to future medical care. The decision reversed a dismissal for failure to prosecute and reinstated the employee's workers' compensation claim.

14,109 words

Mahoney v. Bath & Body Works, Inc.(2006)

March 6, 2006

reversed

The Commission reversed the Administrative Law Judge's temporary award issued on July 28, 2005, and issued a final award in lieu thereof regarding a back injury claim from September 11, 2002. The disputed issues included medical causality between the accident and back condition, need for back surgery, medical care liability, temporary total disability benefits, maximum medical improvement status, and permanent partial disability determination.

back10,828 words

Dixon v. Brian Andre d/b/a Andre Tuck Pointing(2006)

March 6, 2006

reversed

The Labor and Industrial Relations Commission reversed the Administrative Law Judge's denial of workers' compensation benefits, finding that the employee sustained a compensable work-related injury from an unprovoked assault. The employee was entitled to compensation for medical expenses totaling $5,942.44 incurred as a result of the work-connected assault.

assault3,273 words

Donohue v. Moresource, Inc.(2006)

March 2, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award regarding Mary Donohue's work-related injury to her left wrist sustained on April 15, 2002 at Moresource, Inc. The injury was found to be compensable under Missouri workers' compensation law, though no ongoing compensation or future medical care was awarded.

wrist3,367 words

Adamson v. DTC Calhoun Trucking, Inc.(2006)

March 2, 2006

affirmed

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for an employee who suffered a low back and femoral hernia injury when a tarp tore while attempting to cover a sand load on his trailer on February 17, 2003. The employee was awarded 12.5% permanent partial disability to the body as a whole, 50 weeks of permanent partial disability compensation at $340.12 per week, and additional temporary total disability compensation.

back9,439 words

Lewis v. Universal Printing Company(2006)

March 1, 2006

modified

The Labor and Industrial Relations Commission modified the administrative law judge's award in a workers' compensation case involving Edward Lewis, who sustained a wrist injury on June 19, 2003. The Commission affirmed findings on past medical expenses, disfigurement, and permanent partial disability (20% right wrist, 15% left wrist), but reversed and modified the compensation rate, temporary total disability benefits, and Second Injury Fund liability determinations.

wrist9,234 words

White v. United Parcel Service(2006)

March 1, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Donna White for injuries allegedly sustained in a slip and fall accident on September 17, 2002. The claim was denied because it was not filed within the time required by Missouri workers' compensation law.

back5,724 words

Penn v. ANC Rental Corporation (Alamo Rent-A-Car)(2006)

March 1, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to employee Alvin Penn for a work-related injury sustained on April 17, 2002. One commissioner dissented in part, arguing that the decision improperly denied past medical expenses related to pain management treatment and future medical care despite the employee achieving maximum medical improvement.

occupational disease5,390 words

Barclay v. Apted Hulling, Inc.(2006)

February 24, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for an employee injured when a company golf cart overturned on August 14, 2001. The employee was awarded compensation for temporary disability, 15% permanent partial disability to the left leg, and out-of-pocket medical expenses totaling $13,656.17.

leg1,745 words