All Decisions

The Commission affirmed the administrative law judge's award of workers' compensation benefits for Mark Harvath's work-related neck and left upper extremity injury sustained on October 15, 2007, while driving a truck for United Parcel Service. The award is temporary or partial, covering unpaid medical expenses of $3,962.00 with future medical care and temporary total disability benefits to be determined, with the case kept open for final determination.

The Commission reversed the Administrative Law Judge's award of workers' compensation benefits to Sharon Snyder, finding insufficient evidence that her arm injury was sustained in a work accident on January 9, 2006. The reversal was based on inconsistencies in the employee's account and lack of corroboration from her supervisor regarding the alleged work-related injury, resulting in no compensation being awarded.

The Commission affirmed the administrative law judge's award of workers' compensation to employee Charles Goodson for a head injury caused by a falling tree, rejecting arguments to pierce the LLC veil and denying the Second Injury Fund a credit against liability. The decision upheld that the employer's failure to maintain workers' compensation insurance did not proximately cause the work-related injury itself.

The Commission affirmed the administrative law judge's award finding that employee JoAnn Cooper's fall while exiting an elevator on October 30, 2007 was a compensable work injury. The award provides for $7,993.62 in unpaid medical expenses and $600.00 in temporary disability compensation, with the case remaining open for final award.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Lisa Marcinkiewicz for carpal tunnel syndrome developed while performing clerical work. The employee was awarded 65.35 weeks of permanent partial disability compensation at a rate of $89.74 per week, with 17.5% disability rating for each wrist.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Billy J. Castile for a broken right ankle sustained when he fell off scaffolding on August 19, 2003. The employee was awarded $30,024.86 in permanent partial disability compensation at 64% for his right ankle, along with medical expenses and temporary total disability payments already made.

The Commission affirmed the Administrative Law Judge's decision awarding no compensation in case 05-049495 but awarding benefits in case 05-142896 for a left ankle injury sustained while assisting a patient on December 13, 2005. The employee received $775.00 in medical bills and $2,524.25 for permanent partial disability (7.5% ankle at 155 week level) in the compensable case.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits in a case involving a phlebotomist who suffered mental injury from blood splashing in her eyes and mouth during work on July 16, 2001. The case was settled between the employer and insurer with no liability assigned to the Second Injury Fund.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Douglas Kotraba's low back injury sustained on February 2, 2004, while moving a compressor. The claimant was awarded permanent total disability benefits, with the Second Injury Fund liable for lifetime weekly compensation of $603.33 after an initial 120-week differential period.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in a case involving Carl Cantrell's fall on a dock on December 11, 2006, which resulted in injury to his left upper extremity. Although the injury was deemed compensable and arose out of employment, no compensation was awarded in the final decision.

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to Teresa Boller for a back injury sustained while lifting a patient on September 3, 2003. The claimant is entitled to weekly compensation of $226.06 beginning March 8, 2006, for her lifetime.

The Commission affirmed the administrative law judge's award allowing workers' compensation for an employee who turned her ankle while wearing clogs at work on September 23, 2006. A dissenting opinion argued the injury did not arise out of employment because the employee voluntarily chose to wear the clogs, which were not required by the employer.

The Division of Workers' Compensation affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Jason Rector for a back injury sustained on September 24, 2004, while employed at Gary's Heating & Cooling. The claimant was awarded permanent partial disability compensation of 65% of body (260 weeks × $354.05 = $92,053.00) plus future medical benefits.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to David Steed for injuries sustained in a vehicular accident on January 6, 2005, while employed as a service coordinator. The employee was awarded compensation for temporary total disability, medical expenses, and benefits related to multiple fractures and back strain.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to William Burnfin for a back injury sustained while removing a truck tire on March 2, 2005. The employee was awarded 56 weeks of permanent partial disability compensation at $354.05 per week, plus unpaid medical expenses totaling $20,858.95, with 14% permanent disability to the body as a whole.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Wanda Storie for an automobile accident that occurred while driving home from work on June 12, 2003. The accident did not arise out of and in the course of employment, and therefore no compensation was awarded.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Paul Chokota for an injury sustained on December 17, 2004. The court found that the injury did not arise out of and in the course of employment, as the claimant was involved in a car accident while traveling home from a Christmas party.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Thomas James Fischer for a back injury sustained on June 1, 2004, while moving heavy machinery at Schultz Electric, Inc. The claimant was found to be permanently and totally disabled, with compensation awarded for temporary disability, permanent disability, and necessary medical expenses.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Judy A. Harder's left shoulder injury sustained on April 7, 2005, while unloading merchandise at Burlington Coat Factory. The Second Injury Fund was held liable for 50 weeks of permanent partial disability benefits totaling $11,511.50 for 25% permanent disability of the left upper extremity.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Fred Hulsey for an alleged hernia injury sustained on March 30, 2003, finding that the injury did not arise out of and in the course of employment. No compensation was awarded in this case.

The LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Robert McMahon for an alleged repetitive trauma injury to his back occurring on March 1, 1997. The Commission found that the injury did not arise out of and in the course of employment and therefore was not compensable under Missouri law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Joseph H. Scott for an alleged lumbar spine injury sustained on May 8, 2003, while attempting to lift a dolly tongue to attach a trailer. The Commission found that the injury did not arise out of and in the course of employment, and therefore no compensable injury occurred under Missouri law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Donna DeShaney for a left shoulder injury sustained in April 1998 when a rack slipped during her routine job duties at MEMC Electronic Materials, Inc. The case involved permanent total disability against the Second Injury Fund with a weekly compensation rate of $240.00.

The Commission reversed the Administrative Law Judge's decision denying compensation, finding that the employee's wrist condition on September 22, 2000 was a compensable occupational disease injury rather than a continuation of a prior 1998 accident. The employee is entitled to benefits for permanent disability and related medical expenses as a result of the work-related injury.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Michael Bennett for injuries sustained in a 15-20 foot fall onto a concrete floor on March 4, 2003. The employee was awarded 35% permanent partial disability of the body as a whole and permanent total disability benefits, along with temporary total disability compensation and medical aid reimbursement.