OTT LAW

All Decisions

2,619 decisions in the archive

Travis v. Bethesda Orchard(2009)

July 31, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Deborah Travis. The Commission found that the ALJ's award was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

201 words

Dauenbaugh v. Bobby Pankey & Sandra Pankey d/b/a West Plains Taxi(2009)

July 30, 2009

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Linden Dauenbaugh for a motor vehicle accident occurring on May 6, 2004, while employed as a taxi driver. Benefits included 35% permanent partial disability rating for cervical injury, temporary total disability compensation, unpaid medical expenses of $44,886.41, and Second Injury Fund liability of $6,549.60.

motor vehicle accident4,334 words

Talbert v. Lab Corp, Inc.(2009)

July 30, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that employee Shelli Talbert's repetitive strain injury to her right thumb while working as a customer service representative was a compensable occupational disease. The award is temporary or partial, with medical expenses of $2,516.51 paid to date and proceedings kept open for final determination of permanent disability benefits.

carpal tunnel1,840 words

Hudgins v. Sentinel Fastener Supply Co., Inc.(2009)

July 30, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Donald Hudgins for a right shoulder injury sustained on March 24, 1999, when he fell while filling an order. The Commission awarded 35% permanent partial disability to the right shoulder at 81.2 weeks plus medical bills totaling $29,076.47, with the Second Injury Fund covering medical expenses due to the employer being uninsured.

shoulder2,314 words

Bills v. Express Scripts, Inc.(2009)

July 30, 2009

affirmed

The Commission affirmed the administrative law judge's award finding that employee Florence Bills sustained a compensable occupational disease to the pulmonary system from exposure to 409 Cleaning Solvent on August 25, 2006, at Express Scripts, Inc. The award includes unpaid medical expenses of $11,115.55 with no permanent disability or temporary disability compensation awarded.

occupational disease4,099 words

Hemp v. Christy Minerals Company(2009)

July 29, 2009

affirmed

The Commission affirmed the Administrative Law Judge's decision denying additional workers' compensation benefits to Robert Hemp for a work-related injury sustained on August 8, 2001, while tightening a bolt at Christy Minerals Company. Although the injury to the right shoulder and associated conditions were deemed compensable, no additional compensation was awarded as all benefits had been previously settled.

shoulder15,342 words

Vickers v. Missouri Department of Public Safety, Missouri Veterans Commission(2009)

July 28, 2009

modified

The Missouri Court of Appeals reversed the Commission's initial denial, finding the employee's claim compensable. The Commission awarded temporary total disability benefits from September 12, 2004 through March 28, 2005, and permanent total disability benefits thereafter due to complications from clostridium difficile requiring colectomy and colostomy.

occupational disease958 words

McCutchen v. RG Bieg Plumbing(2009)

July 28, 2009

reversed

The LIRC reversed the administrative law judge's award and issued a correcting order clarifying that repetitive motion injuries are compensable only if occupational exposure was the prevailing factor in causing both the medical condition and disability. The case involves an employee's occupational disease claim from repetitive vibration and motion exposure while working as a plumber performing cabling and high-pressure line cleaning work.

occupational disease8,533 words

Huskic v. Missouri Baptist Medical Center(2009)

July 24, 2009

reversed

The Commission reversed the administrative law judge's award that found a compensable work injury arising from a June 1, 2006 incident and ordered employer to pay for arthroscopic shoulder surgery and related care. The primary issue on appeal was whether the alleged June 1, 2006 work injury was the prevailing factor in causing the employee's right shoulder condition, given her prior motor vehicle accident in May 2004 and subsequent January 2006 shoulder surgery.

shoulder3,386 words

Krausz v. Krausz Corporation(2009)

July 24, 2009

affirmed

The Commission affirmed the administrative law judge's award denying workers' compensation benefits despite finding the injury to be compensable under Missouri law. The employee sustained a severed foot while unpinning a crane on April 13, 2005, but no compensation was ultimately awarded in the case.

foot1,679 words

Sater v. MTC Construction Inc.(2009)

July 23, 2009

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Geoffrey Sater for a compensable shoulder and back injury sustained while lifting a steel clamp at work. The claimant was awarded 129.6 weeks of permanent partial disability compensation totaling $50,419.58, with 30% permanent disability to the right shoulder and 15% to the thoracic back.

shoulder and back1,591 words

Heston v. Rock Hill Mechanical Corporation(2009)

July 23, 2009

affirmed

The Commission affirmed the administrative law judge's award of permanent total disability benefits for David Heston, who suffered a compensable back injury on August 15, 2002, when pinned between a truck and dolly while employed by Rock Hill Mechanical Corporation. The employee is entitled to lifetime permanent total disability benefits of $649.32 weekly beginning March 1, 2008, with credit for overpaid temporary disability compensation.

back6,857 words

McMunn v. Complete Roofing, Inc.(2009)

July 21, 2009

affirmed

The Commission affirmed the administrative law judge's award of permanent total disability benefits for Billy Joe McMunn, who injured his low back while moving a ladder on April 11, 2003. The case involved a settled claim with Missouri Employer's Mutual and the Second Injury Fund bearing liability for permanent total disability compensation.

back9,299 words

Hager v. Syberg's Westport(2009)

July 21, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in this case. The Commission found the ALJ's award was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

258 words

Skinner v. Donnie W. Morgan d/b/a D & M Development, LLC(2009)

July 21, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Michael Skinner for injuries sustained when he fell from a roof truss on September 29, 2007. The claimant was awarded medical expenses of $254,708.20, temporary total disability benefits, and 15% permanent partial disability compensation.

head and neurological3,280 words

Shomaker v. Home Service Oil Company(2009)

July 21, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding that Melvin Shomaker's right shoulder injury sustained while dragging and pulling gasoline hoses for Home Service Oil Company was compensable. The award includes $20,568.29 in unpaid medical expenses, 48 weeks of temporary total disability benefits of $28,399.20, and future medical care, with the case remaining open for further orders.

shoulder2,739 words

Tracy v. Bilyeu Plumbing Inc.(2009)

July 17, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the February 17, 2009 award of the Administrative Law Judge allowing workers' compensation for employee Don Tracy. The Commission found the award was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

213 words

Portell v. GKN Aerospace(2009)

July 15, 2009

affirmed

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to the employee for a left knee degenerative condition. The claim was denied because the injury did not arise out of and in the course of employment.

knee10,864 words

Vance v. Blake Flooring Company(2009)

July 15, 2009

reversed

The Commission reversed the Administrative Law Judge's decision that rejected the employee's occupational disease claim, finding the ALJ exceeded his authority by deciding an issue not in dispute when the parties had stipulated to the occurrence of an occupational disease on September 1, 2003. The Commission remanded the case to address the stipulated issues of the nature and extent of permanent disability and apportionment between the employer and Second Injury Fund.

occupational disease3,274 words

Meyer-Linquist v. Shughart, Thomson & Kilroy(2009)

July 1, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Stephanie Meyer-Linquist, who developed right carpal tunnel syndrome and other injuries from repetitive keyboard work as a legal assistant. The employee was found to have a compensable occupational disease arising out of and in the course of her employment, with benefits awarded for temporary disability, medical expenses, and permanent partial disability.

carpal tunnel18,904 words

Jones v. Meramec Group, Inc.(2009)

July 1, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that the claimant's occupational disease affecting her left hand and thumb, sustained while inspecting and trimming shoe soles, was compensable under Missouri workers' compensation law. The award is temporary or partial in nature with future medical treatment ordered and proceedings kept open for final determination.

occupational disease6,479 words

Chepely v. Meramec Group, Inc.(2009)

July 1, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding that Ann K. Chepely's left shoulder injury sustained on September 30, 2007, while working on a factory line at Meramec Group, Inc. was compensable under Missouri workers' compensation law. The award is temporary or partial, with future medical benefits awarded and proceedings kept open for final determination.

shoulder5,762 words

Pichainarong v. Ford Motor Company(2009)

July 1, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation to employee Anachak Pichainarong. No compensation was awarded in the case.

181 words

King v. Tri-County Group XV, Incorporated(2009)

June 24, 2009

affirmed

The Commission affirmed the administrative law judge's decision awarding no compensation in this workers' compensation case. Although the employee's right shoulder injury from lifting a vacuum cleaner was deemed compensable and the employee settled for 36.40 percent permanent partial disability, no additional benefits were awarded by the Commission.

shoulder8,412 words

Frost v. Bridgestone Firestone, Inc.(2009)

June 24, 2009

affirmed

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for David Frost's low back injury sustained on February 4, 2006, when his vehicle was struck while test driving in the course of employment. The primary injury was settled for 12.5% body as a whole for low back and 2.5% for psychiatric injury, with the Second Injury Fund liable for 61.34 weeks of permanent partial disability totaling $22,394.00.

back3,106 words