All Decisions

The Commission reversed the administrative law judge's decision regarding Second Injury Fund liability in a workers' compensation case involving an employee who sustained 49.9% hearing loss from industrial noise exposure. The employee and employer settled their dispute, leaving only the question of Second Injury Fund liability to be resolved on appeal.

The Commission affirmed the Administrative Law Judge's award allowing compensation for Amanda Brooke's occupational disease caused by repetitive lifting as a meat assistant. The claimant was awarded 35% permanent partial disability to the body as a whole for neck/back injury totaling $26,210.80 in compensation.

The Missouri LIRC affirmed the administrative law judge's award of workers' compensation benefits to Suzanne M. Miller for a lower back injury sustained on April 1, 2002, when she slipped on water and fell at a Taco Bell facility in Warrenton, Missouri. The employee was awarded $8,107.32 in total compensation consisting of temporary total disability and permanent partial disability benefits at 12.5% of the body as a whole.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that Robert Huff's hernia injury sustained on May 10, 2006, while lifting a roll of carpet at Terrace Retirement Apartments was compensable under Missouri workers' compensation law. The employer/insurer was ordered to provide necessary medical treatment, with the award designated as temporary or partial pending further proceedings.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Gustave Bopp for a cervical spine injury sustained on August 13, 2004, while hammering fence posts. Although the injury was deemed compensable and work-related, no compensation was awarded despite prior temporary disability and medical payments totaling over $142,000.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation to Theron Smith, finding he failed to prove his employment was the prevailing factor in developing myofascial pain. One dissenting commissioner argued the evidence supported an occupational disease claim and would have reversed the decision.

The Commission affirmed the administrative law judge's decision that the injury was not compensable under Missouri workers' compensation law, finding no accident or occupational disease arose out of and in the course of employment. No compensation or benefits were awarded in this case.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding distribution of death benefits to the dependents of a deceased employee who was killed in a work-related accident on December 7, 2007. The primary dispute concerned the calculation of the remarriage lump sum payment to the widow, with the employer appealing the amount awarded.

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to the dependent of a deceased school bus driver (Joe Ainsworth) who died following a bus accident. The case involved disputed medical theories regarding whether the employee's death resulted from a compensable work-related injury or other causes.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Grace Liggins for occupational disease claims related to neck, shoulder, and upper extremity symptoms allegedly caused by repetitive lifting duties. The majority found the employee failed to prove by competent and substantial evidence that her work duties were the prevailing factor in causing her medical condition and disability, though a dissenting opinion argued the evidence supported compensability based on reasonable probability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation to employee Roger A. Schwintek, finding the denial was supported by competent and substantial evidence. No compensation was awarded in this uninsured employer case.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in this case. Although the employee's injury (neck and left shoulder pain from loading boxes) was found to be compensable and work-related, no ongoing compensation was awarded as all temporary disability and medical expenses had already been paid.

The Commission affirmed the administrative law judge's award finding the employee sustained 32% permanent partial disability from a primary 2005 injury that, when combined with preexisting permanent partial disabilities from a 1993 work injury, resulted in permanent total disability. The Second Injury Fund was found liable for the employee's permanent and total disability benefits.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Stephen Bray, a salesman who claimed physical and sexual harassment caused psychiatric injury. The Commission found that the alleged injury did not arise out of and in the course of employment and therefore was not compensable under Missouri workers' compensation law.

The Commission affirmed the administrative law judge's decision denying Second Injury Fund liability and finding the employee permanently and totally disabled from the last accident alone. The case involved a March 29, 2003 workplace injury at Wal-Mart in Camden County, Missouri, with both employer and insurer having reached a tentative settlement.

The Commission reversed the administrative law judge's award of workers' compensation to Christina Alcorn, a paraprofessional educator who claimed a back injury sustained while lifting a seizing student from bleachers on November 11, 2003. The reversal was based on the employee's failure to provide written notice of the injury within thirty days as required by Missouri statute, with the Commission finding insufficient evidence that the employer was not prejudiced by the delayed notice.

The Commission modified the administrative law judge's award by finding the employee reached maximum medical improvement on December 21, 2004 (rather than December 27, 2004), making him eligible for permanent total disability benefits beginning December 22, 2004. The employee receives permanent total disability benefits at $570.27 weekly for his lifetime as a result of his December 24, 2002 work injury.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Delores Mills for a right Achilles tendon injury sustained on December 12, 2001. The claimant was awarded 22.5% permanent partial disability at the 155-week level, with the Second Injury Fund liable for 45.4 weeks of permanent partial disability compensation totaling $14,955.67.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Suljo Cuskic for bilateral rotator cuff tears, finding the evidence insufficient to establish causation. A dissenting opinion argued the employee met his burden of proof regarding the causal connection between his work duties and the shoulder injury.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Carolyn Brooks, a secretary who sustained an upper extremities injury on June 27, 2004. The Commission found the injury compensable and approved permanent total disability benefits payable by the Second Injury Fund at the weekly rate of $292.32 for the remainder of the employee's life.

The Commission affirmed the administrative law judge's findings of 20% permanent partial disability to the left knee and 45% pre-existing disability to the spine, but modified the Second Injury Fund's liability calculation from $21,378.28 to $14,714.92. The employee sustained the knee injury on November 10, 2003, while inspecting sewer drain elevation at work.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits in this motor vehicle accident case. The employee failed to appear at the final hearing on February 2, 2009, and no compensable injury was found under Missouri law.

The Commission modified the prior administrative law judge's award following a court mandate, determining that Glennda Taylor's surviving spouse is entitled to receive her awarded permanent total disability benefits for his lifetime despite her death from a non-work-related cause. The decision applies the Schoemehl doctrine to extend dependent benefits to the surviving spouse indefinitely.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Terry Henry for an alleged accident on March 29, 2007. The Commission found that the injury did not arise out of and in the course of employment under Chapter 287 of Missouri law.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to James Wilford for multiple injuries sustained in a tractor-trailer accident on April 22, 1995 in Callaway County, Missouri. Benefits awarded include temporary total disability compensation, permanent partial disability, and disfigurement compensation totaling over $104,000.