All Decisions

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award in a death benefits claim for deceased employee Winfred S. Caldwell, focusing on the calculation of average weekly wage and corresponding death benefits compensation rate. The Commission found that the deceased employee's gross wages should include non-taxable per diem payments received by the driver, as these were part of total compensation for services rendered.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Larry Busby for a knee injury (leg fracture) sustained on July 3, 1997 while working on a motorcycle at D. C. Cycle Ltd. The employee was awarded compensation for temporary disability, permanent partial disability at 45% of the right lower extremity, and unpaid medical expenses totaling $14,465.20.

The Commission modified the administrative law judge's award to include future medical care for the employee's hip condition, which was causally related to a work injury on February 28, 2004. The employee is entitled to ongoing medical treatment and hip replacement surgery as needed, as the necessity for future care was established through competent medical testimony.

The LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits, finding that the alleged occupational disease from repetitive motion did not arise out of or occur in the course of employment. The employee was awarded no compensation, temporary disability benefits, permanent disability benefits, or necessary medical aid.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Azim Mutapcic for a low back injury sustained on August 1, 2005, while using a pry bar to move metal at work. The claimant was awarded compensation for 25% permanent disability to the body part with no liability assessed against the Second Injury Fund.

The Commission reversed the administrative law judge's decision denying further medical treatment and past medical expenses, finding that the employee was entitled to ongoing treatment related to her July 16, 2005 work injury. The Commission determined that the employee's need for further medical care was medically causally related to the work injury and awarded past medical expenses of $527.15.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to James Hall for work-related bilateral cubital tunnel syndrome sustained on March 26, 2003. The employee reached maximum medical improvement on March 17, 2005, following left cubital tunnel release surgery, and temporary total disability benefits were awarded through that date.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation to Judith Long for her September 22, 1997 work injury at General Motors Corporation. One dissenting member argued the decision should have been reversed and liability partially attributed to the Second Injury Fund based on pre-existing disabilities.

The Commission affirmed the administrative law judge's denial of workers' compensation benefits, finding that the employee failed to meet his burden of proof that injuries sustained in a vehicle accident while traveling from home to work arose out of and in the course of employment. The employee's claim for medical, lost time, and permanent partial disability benefits was denied because the commute from home to the employer's principal place of business was not compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision to deny workers' compensation benefits, finding that the alleged neck/left shoulder injury did not arise out of or in the course of employment. No compensation was awarded despite the employee's claim for an injury allegedly occurring on June 14, 2004, while performing phone and data entry work.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Paul T. Earnhart, Jr.'s occupational disease caused by repetitive tasks with his left upper extremity that resulted in triggering of his left ring finger. The case involved a compensable occupational disease claim with permanent total disability benefits and Second Injury Fund liability.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for Benjamin Marcak's work-related burn injury to his right leg sustained on January 18, 2006. The award includes 10% permanent partial disability (155 week level) and unpaid medical expenses of $26,289.70, with no temporary disability compensation awarded.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of temporary partial disability benefits to Brenda Bolen for a compensable knee injury sustained on August 23, 2006, when her right leg became stuck during employment. The Commission awarded $6,456.87 for 7 weeks of temporary total disability and continued the proceedings for future determinations regarding medical treatment and final compensation.

The Commission affirmed the administrative law judge's award denying compensation and finding the employee sustained only 5% permanent partial disability to the body as a whole from the October 20, 2004 injury, which did not trigger Second Injury Fund liability. The employee failed to establish permanent total disability, as the evidence did not support that she was unable to compete in the open labor market.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision awarding no compensation in this workers' compensation case involving a 2004 back injury claim against the Second Injury Fund. The case centered on whether the employee's preexisting 1996 back injury constituted a serious enough permanent partial disability to constitute a hindrance to employment, which the ALJ found it did not.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Jerry Johnson for a compensable occupational disease (lung injury) contracted on January 31, 2005 while painting and dusting ceilings. The claimant was awarded compensation for temporary disability, permanent partial disability at 10% of the body as a whole, and unpaid medical expenses, with the Second Injury Fund liable for medical costs due to the employer being uninsured.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation to employee Terry Narsh for an alleged injury on July 1, 2002. The Commission found that the ALJ's decision was supported by competent and substantial evidence and made in accordance with the Missouri Workers' Compensation Act.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to William Hazen for a low back injury sustained on October 15, 2003, while assisting in moving a 12-foot log. The employee was awarded 10% permanent partial disability of the body as a whole, with temporary disability compensation of $5,637.14 and medical aid valued at $24,562.00 already paid by the self-insured employer.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to David Harmon for a low back injury sustained on May 11, 2004, while moving a television at Best Buy. The employee was awarded 30 weeks of permanent partial disability compensation at $230.35 per week, plus medical expenses totaling $17,222.00.

The Commission modified the administrative law judge's award by reversing the grant of temporary total disability benefits from January 14, 2006 to June 2, 2006, finding insufficient evidence that the employee was totally disabled during that period. The Commission affirmed all other aspects of the original award.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding that the employee's right knee injury sustained while squatting to move electrical cords was compensable under Missouri workers' compensation law. The temporary award includes unpaid medical expenses of $800.00 and temporary total disability compensation from August 16, 2006 through October 2, 2006, with future medical benefits to be determined.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Bryan R. Long for a back injury sustained on August 14, 2004, when he slipped and fell while carrying a 125-pound battery. The claimant was found to be permanently totally disabled and entitled to compensation benefits, with medical expenses of $129,367.41 already paid by the insurer.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Shaun Jordan for injuries sustained in an automobile accident on May 10, 2005, despite finding the accident occurred in the course of employment. Although the employee suffered injuries to his back, head, and neck, the Commission found the injury was not compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Kenneth Hufker for injuries sustained on October 27, 1998, when he was struck by wall panels while loading a truck at his employer's facility. The Commission approved total compensation of $67,391.90 for medical expenses and permanent partial disability rated at 45% of body as a whole.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Richard Bays for an alleged occupational disease claim. A dissenting opinion argued the employee presented sufficient evidence of work-related carpal tunnel syndrome with causal connection to workplace conditions, but the majority found the employee failed to meet the burden of proof.