Filtered Decisions

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Everett Mitchell for an alleged lifting incident on March 13, 2008. The decision found no medical causal relationship between the lifting incident and the employee's spinal condition, with the orthopedic surgeon's opinion that the incident was not the prevailing factor in causing the current spine condition.

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to Francisco Gomez for an upper back injury sustained on January 1, 1998, while working as a machine operator at Output Technologies. Although the injury was found to be compensable and work-related, no compensation was awarded.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Francisco Gomez for a low back injury sustained on August 25, 1998, while removing a motor as a machine operator. The award includes 100 weeks of permanent partial disability compensation at $294.73 per week, totaling $29,473, plus previously paid temporary disability benefits of $21,318.21.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for Jeffrey Geitz's claimed rectal injury allegedly resulting from lifting a trashcan. The Commission found no medical causal relationship between the lifting incident and the employee's prolapsed or thrombosed hemorrhoids, relying on the credible opinion of a board-certified colorectal surgeon.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award on a medical fee dispute between St. Luke's Hospital and Jayhawk Fire Sprinkler Company. The employer/insurer failed to appear at the evidentiary hearing and did not submit required briefing documents, resulting in an award adverse to them that was upheld on appeal.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to the dependents of Mauro Brito-Pacheco, who was fatally shot at Tina's Hair Salon on August 10, 2009. The commission found that the employee was an independent contractor rather than a statutory employee, and therefore not entitled to death benefits under Missouri workers' compensation law.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for John Anderson III's occupational disease involving repetitive use injuries to both wrists sustained on December 1, 2008. The Second Injury Fund was found liable for 17.625 weeks of permanent partial disability benefits totaling $6,856.83.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Lynda R. Edwards for a work injury that combined with her preexisting disability, resulting in greater overall disability. The Second Injury Fund was ordered to pay permanent partial disability benefits of $13,534.95 based on a synergistic effect calculation combining 25% preexisting disability with 40% work-related disability.

The Commission modified the ALJ's award regarding Second Injury Fund liability, rejecting the ALJ's exclusion of certain preexisting disabilities from the calculation. The Commission clarified that preexisting conditions need not individually meet statutory thresholds to be considered in Second Injury Fund liability calculations when combined with a work injury.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Neva Vance for a low back injury sustained while moving a patient on November 4, 2004, despite finding the injury was compensable under Missouri law. Although the injury arose out of and in the course of employment and met all procedural requirements, no permanent disability was found to warrant compensation.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Gloria G. Stiers' bilateral overuse syndrome, a repetitive motion injury qualifying as a compensable occupational disease. The Commission rejected the Second Injury Fund's argument that repetitive motion injuries cannot trigger Second Injury Fund liability under Missouri law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Kathleen Peters' right shoulder repetitive motion injury. The Commission rejected the Second Injury Fund's argument that repetitive motion injuries cannot qualify as compensable injuries for purposes of triggering Second Injury Fund liability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Albert Newhouse's carpal tunnel syndrome, a repetitive motion injury. The Commission rejected the Second Injury Fund's argument that occupational diseases cannot trigger Second Injury Fund liability under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Michelle Kitson's right wrist occupational disease injury. The Commission rejected the Second Injury Fund's argument that occupational diseases do not qualify as compensable injuries under Missouri law, finding that the statutory definition of 'injury' includes occupational diseases.

The Commission affirmed the administrative law judge's award of workers' compensation to Kelly Kirkpatrick for cubital tunnel syndrome, finding it qualifies as a compensable occupational disease injury. The Second Injury Fund's argument that occupational diseases cannot trigger Second Injury Fund liability under Missouri law was rejected as inconsistent with the complete statutory definition of injury.

The Commission modified the ALJ's award regarding Second Injury Fund liability and medical provider selection, increasing the SIF liability calculation to include preexisting psychiatric disability and clarifying that the employer retains control over medical provider selection. The decision also addresses temporary total disability benefits for a specific period in 2005.

The Commission affirmed the administrative law judge's award allowing compensation for Stephen L. Green's carpal/cubital tunnel syndrome as a subsequent compensable injury. The Second Injury Fund's argument that occupational diseases cannot qualify as compensable injuries under the Second Injury Fund statute was rejected, as the statutory definition of injury includes occupational diseases where specifically provided.

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to employee Harry Bell for a low back injury sustained on September 23, 1999, while lifting a 50-pound bucket at work. The decision found that the employee's permanent total disability resulted from the combined effects of the primary lumbar spine injury and preexisting cervical spine and depression conditions, making the Second Injury Fund liable for benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Ronald Armstrong for his alleged right shoulder injury. The Commission found that Armstrong failed to prove he sustained a compensable accident or that any accident was the prevailing factor in causing his shoulder problems.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Jeffrey Hampton for a back injury sustained on February 10, 2005, when a patio door was dropped while he was lifting it with a coworker. The employee was awarded 10% permanent disability with compensation for temporary total disability and permanent partial disability benefits.

The LIRC affirmed the administrative law judge's award of workers' compensation benefits to Robert Groves, a ramp service agent who sustained a compensable occupational disease injury to his low back from heavy, repetitive lifting in awkward positions. The claimant was awarded permanent total disability benefits, past medical expenses of $21,576.03, and 266 1/7 weeks of temporary total disability compensation totaling $88,292.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Judy Drago for injuries to her right and left knees sustained in a motor vehicle accident while leaving work on January 18, 2007. The award includes unpaid medical expenses, temporary total disability benefits, permanent partial disability compensation, and Second Injury Fund liability totaling $156,194.82.

The Commission modified the ALJ's award regarding a lower back injury sustained by employee Connie Johnson on October 9, 2005, while lifting a table at work. The decision addresses the extent of permanent partial disability and medical benefits based on medical evidence showing significant improvement and maximum medical improvement reached in May 2006.

The Commission modified the Administrative Law Judge's award to grant Jackie Hampton future medical treatment for compensable low back and cervical spine injuries, including over-the-counter pain medications. The decision clarified that an employer must provide medical care reasonably required to treat work-related injuries even if the employee had a preexisting condition, as long as the need for treatment flows from the work accident.

The Commission affirmed the administrative law judge's award allowing workers' compensation for an employee who broke his arm while pursuing an intruder who had stolen his personal property from the employer's office. The court found that the injury arose out of and in the course of employment because the emergency situation and the risk of encountering it were directly related to the employee's work, and his response was reasonable in scope and duration.