All Decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award, finding that Landmark Erectors was liable for the employee's occupational disease (carpal tunnel) under the Last Exposure Rule, as the employee was last exposed to the hazard on September 6, 2006, when disability became evident. The exception to the Last Exposure Rule for repetitive motion injuries of less than three months' duration was found inapplicable to this case.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Laura Selmon for a repetitive motion injury to her right shoulder and neck sustained on July 31, 2006. The employee was awarded $38,219.60 in total compensation, including medical expenses, temporary total disability, and permanent partial disability benefits.

The Missouri Court of Appeals reversed a portion of the Commission's award denying costs to the deceased employee's dependents under §287.560, remanding the matter for reconsideration. The Commission on remand reversed the cost award, finding that the employer/insurer had reasonable grounds to withhold benefits based on evidence of drug use as a potential proximate cause of the injury.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Darline Reeks for a low back injury sustained on February 16, 2005, while moving a dresser during housekeeping duties. The employee was awarded 20 weeks of permanent partial disability compensation at $140.01 per week, totaling $2,800.20, with 5% permanent disability rating.

The Commission affirmed the Administrative Law Judge's decision denying compensation in injury case 02-157598 (alleged June 9, 2002), finding no compensable occupational disease or accident. However, benefits were awarded in the related injury case 01-116248 (September 26, 2001), which was found to be compensable and arising out of employment.

The Commission affirmed the administrative law judge's award finding that the employee suffered from occupational disease (bilateral carpal tunnel syndrome) causally related to work at VTG Holding, Inc., which was the substantial contributing factor. The Commission rejected the employer's argument that subsequent self-employment should be considered as a hazardous exposure, finding the employee was not actually self-employed during the relevant period.

The Commission affirmed the Administrative Law Judge's award denying compensation in a workers' compensation case involving a diabetic lancet puncture to the claimant's right middle finger while removing trash at Old Country Buffet on April 26, 2005. Although the injury was found to be compensable and arose out of employment, no permanent disability was determined, resulting in zero compensation being awarded.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Marlene Maness for alleged injuries to her left knee and immune system following a Hepatitis A vaccine received at work on November 10, 2003. The Commission found no compensable accident or occupational disease occurred under Missouri workers' compensation law and awarded no compensation.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying compensation in a crime victim case involving the deceased Gary McCullough. The Commission found that the administrative law judge's award was supported by competent and substantial evidence and consistent with Chapter 595 regarding victims of crimes compensation and services.

The Commission affirmed the Administrative Law Judge's award denying compensation to Allen Alcorn for an alleged occupational back injury from repetitive heavy lifting. The case hinged on whether newly amended workers' compensation notice requirements should be applied retroactively to bar the employee's claim.

The Commission modified the ALJ's award, increasing the employee's permanent partial disability enhancement from the Second Injury Fund from 26.66 weeks to 84.32 weeks ($30,783.55) based on the synergistic combination of a primary right shoulder injury (30% PPD) with multiple pre-existing disabilities. The Commission found that the pre-existing disabilities of both shoulders, lumbar spine, both knees, and both hands created a synergistic effect warranting a 20% loading factor enhancement.

The Commission affirmed the Administrative Law Judge's award of 29.4 weeks of permanent partial disability benefits to employee Ricky Tyson based on the synergistic effect of his work injury and preexisting cardiac condition. The Commission also addressed procedural issues regarding the admissibility of medical testimony and ruled that Dr. Wade's deposition testimony regarding the extent of disability should have been admitted into evidence.

The Commission affirmed the administrative law judge's decision denying workers' compensation for an occupational disease claim involving bilateral upper extremity injuries from repetitive trauma. The employee and employer had previously settled the claim in 2003, and the Commission found no compensable injury beyond what was addressed in that settlement.

The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for an employee who allegedly injured his knee while walking briskly to move a truck on the job site on September 29, 2005. The decision found no compensable injury arising out of and in the course of employment, with a dissenting opinion arguing the decision should be reversed based on competent and substantial evidence.

The Commission affirmed the Administrative Law Judge's decision denying compensation to Allen Alcorn for a back injury claimed to have occurred on April 14, 2006, while employed as a truck driver. The case involved a procedural dispute regarding retroactive application of a 2005 statutory amendment requiring written notice of occupational disease within 30 days of diagnosis.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for the fatal injury of Ronald A. Harness, Jr., who died in a motor vehicle accident on August 8, 2006, while employed. Benefits were awarded to the employee's widow and dependent children as the injury arose out of and in the course of employment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Cheri Allen's neck/shoulder injury sustained on May 14, 2004, while employed at Luther Manor Retirement & Nursing Center and Quality Inn/Hannibal Area Hotel Group. The injury resulted from repetitive motion activities including pushing, pulling, bending, lifting, and cleaning, with permanent disability assessed at 17.5% body as a whole.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision that the employee's alleged neck injury from repetitive trauma was not compensable under Missouri workers' compensation law. No benefits were awarded in this case.

The Missouri LIRC affirmed the administrative law judge's award allowing workers' compensation for Michael Drey, who sustained injury from a motorcycle accident on September 16, 2005, while returning from a work-related farm visit. The Commission found that the injury arose out of and occurred in the course of employment, satisfying the statutory requirements for compensability.

The Commission affirmed the administrative law judge's denial of workers' compensation benefits, finding that the employee failed to establish a causal connection between her upper extremity complaints and her work duties, as there was no objective medical evidence supporting the claim. Expert medical opinions from Dr. Rotman and Dr. Brown concluded that the employee's subjective complaints were not substantially related to her work at True Manufacturing.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Jerri Jackson for a back injury sustained on October 16, 1999, while carrying a 50-pound bag of yeast at a Krispy Kreme facility in St. Louis County. The decision awarded compensation for temporary disability, permanent partial disability (47.5% for low back and 7.5% psychiatric), and approved necessary medical aid totaling $128,278.33.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Joseph Banks, who sustained injuries to both shoulders and his cervical spine in a motor vehicle accident on September 13, 2000 while working. The employee was found to have permanent total disability with benefits payable by the Second Injury Fund.

The Missouri LIRC affirmed the Administrative Law Judge's award denying compensation to employee Jack Johnson for an alleged back injury from February 9, 2006. Commissioner Hickey filed a dissenting opinion arguing the employee met the burden of proof that the accident was the prevailing factor in causing his back condition and disability.

The Commission modified the administrative law judge's award regarding past medical expenses in a workers' compensation case, reducing the award from $35,789.24 to $32,697.58. The modification excluded medical expenses lacking supporting documentation in the record while affirming expenses related to Dr. MacMillan's treatment, including an L5-S1 lumbar interbody fusion performed on June 3, 2005.

The Commission affirmed the administrative law judge's award finding that the employee sustained a 75% permanent partial disability of the right wrist on February 24, 2003, and had a pre-existing 16% permanent partial disability of the lumbar spine that constituted an obstacle to employment, triggering Second Injury Fund liability. The employee's combined disabilities resulted in a synergistic effect equal to a permanent partial disability enhancement of 19.5 weeks based on a 10% load factor.