Filtered Decisions

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Linda Moore for a fall injury sustained on March 16, 2001. The Commission found the claimant eligible for permanent total disability benefits beginning January 1, 2003, along with medical expenses and temporary disability compensation already paid.

The Missouri Court of Appeals affirmed in part and reversed in part the Commission's prior decision, remanding for entry of a permanent total disability award from the Second Injury Fund. The Commission concluded that the employee was permanently and totally disabled due to the combination of pre-existing conditions (cancer, depression, anxiety, and upper extremity difficulties) and the April 6, 1999 work-related injury, with the Second Injury Fund liable for compensation exceeding the employer's 45% permanent partial disability payment.

The Labor and Industrial Relations Commission modified the administrative law judge's award, adjusting the temporary total disability rate from $590.17 to $599.96 per week based on proper calculation of average weekly wages. The Commission affirmed all other findings and conclusions of the administrative law judge regarding the workers' compensation claim.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to employee Craig Dexter, finding that no compensable accident or occupational disease occurred under Missouri law. The Commission determined that while Dexter was employed by the Mehlville Fire Protection District at the time of the alleged incident, the injury did not arise out of and in the course of employment.

The Missouri Court of Appeals reversed the Commission's prior award and remanded the case, requiring reconsideration of medical causation for a discogram procedure and related disability benefits. The Commission affirmed that the discogram and its resulting complications were medically causally connected to the September 16, 1997 work-related back injury.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Shelly McIntire for a left ankle sprain sustained on January 2, 2001, while transferring a client from a wheelchair to a vehicle, which subsequently developed into a severe staph infection. The claimant was awarded permanent total disability benefits beginning March 18, 2003, along with unpaid medical expenses of $10,587.05.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Jackie Stallings for a low back injury sustained on May 1, 2001, while lifting heavy objects at Corbitt Manufacturing Company. The employee was awarded 5% permanent partial disability of the body referable to the low back, along with temporary disability compensation and necessary medical aid.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying all workers' compensation benefits to John Renner. Although an accident occurred on May 12, 2003 when the employee fell from a walk board while working on a customer's residence, the injury was found not to have arisen out of and in the course of employment, rendering it non-compensable.

The Missouri Court of Appeals reversed the Commission's denial of a workers' compensation claim for mental injury sustained by a licensed practical nurse who was physically assaulted by a patient on December 30, 2000. The Commission was instructed to apply section 287.120.1 to determine whether the employee sustained an accidental injury arising out of employment, as the assault constitutes unprovoked violence covered under workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that employee Theresa Garner sustained a compensable occupational disease to both wrists from repetitive hand use as a housekeeper on November 11, 2004. Medical treatment benefits were awarded, though the award is temporary/partial and proceedings remain open for final determination.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Patricia Matthews for injuries sustained in a fall while working as a waitress on July 13, 2004. The award includes compensation for permanent partial disability of 25% to the left knee and 35% to the right shoulder, along with temporary disability and medical aid payments.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Roger Poor for a low back injury sustained on August 13, 2003 while lifting heavy wall sections. The claimant was awarded permanent total disability benefits, with the Second Injury Fund liable for ongoing weekly compensation payments for his lifetime.

The Commission reversed the Administrative Law Judge's denial of workers' compensation death benefits to the minor dependent of Michael Klein. The case involves determination of dependent status and whether an employment relationship existed between the deceased and the alleged employer under Missouri statutory provisions.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Darren Ottobre for a claimed back injury on September 30, 2005. The Commission found that the employee failed to prove that a compensable accident occurred and that the accident was the prevailing factor in causing his back condition, citing inconsistencies in the employee's testimony and evidence of pre-existing back problems.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to David Murphy for permanent total disability resulting from a fall while disassembling a machine on January 7, 2003. The claim was found to be compensable under Missouri law with all statutory requirements satisfied, and the case was settled between employee and employer/insurer.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Maria Alamo for a left hand injury caused by a drill puncture wound sustained on May 9, 2005, while employed by Adecco. The claimant was awarded compensation totaling $2,809.92 for 7.5% permanent disability and disfigurement benefits.

The Labor and Industrial Relations Commission reversed the Administrative Law Judge's decision regarding Caren Braswell's workers' compensation claim for an injury sustained on February 1, 2004, while responding to a call at a private residence in Stone County. The case involved stipulated issues regarding whether the employee sustained a compensable work-related injury and entitlement to temporary total disability benefits and medical expenses.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's amended award allowing workers' compensation benefits to Linda Stevens for a right knee injury sustained on February 17, 1999, while assisting another worker with a patient. The award totaled $47,914.25, including unpaid medical expenses, temporary total disability, and permanent partial disability compensation.

The Commission reversed the administrative law judge's denial of workers' compensation benefits, finding that the employer was the last employer to expose the employee to the hazard causing bilateral carpal tunnel syndrome. Under the last exposure rule, the employer is liable for benefits for this occupational disease that arose out of and in the course of the employee's employment as a material handler.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that the employee's psychological injury sustained during a client assault on September 18, 2003 was a compensable work-related injury. The Commission confirmed liability and benefits were awarded, though this is a temporary or partial award with proceedings remaining open for final determination.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Melissa Lantz for an injury sustained on January 22, 2001 at Monsanto Chemical Company in St. Louis, Missouri. The Commission found the award was supported by competent and substantial evidence and in accordance with the Missouri Workers' Compensation Act.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Lillie M. Newson, finding that the alleged injury did not arise out of and in the course of her employment. No compensation was awarded in this case.

The Commission affirmed the administrative law judge's award finding the employee permanently and totally disabled due to her back condition. The Commission modified the original award to correct an error regarding Second Injury Fund liability, which was improperly attempted to be corrected after the application for review was filed.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of temporary or partial workers' compensation benefits to Antonino Pereira for a compensable occupational disease caused by repetitive trauma from overhead and lateral lifting. The claimant was awarded unpaid medical expenses of $16,164.80 and 59 and 3/7 weeks of temporary total disability benefits totaling $14,658.65, with the Second Injury Fund's liability remaining open for future determinations.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's October 24, 2006 award denying workers' compensation benefits to Scott Mertz for a low back and right leg strain injury sustained on December 22, 2003. Although the injury was found to be compensable and arose out of employment, no permanent disability was determined and therefore no compensation was awarded.