All Decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Keith Woodfin for an alleged low back injury sustained on February 18, 2002, while lifting a concrete barrier. The Commission found that the injury did not arise out of and in the course of employment and therefore was not compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Gary Ahern for injuries resulting from a seizure-induced fall on February 14, 2006, based on the idiopathic cause exclusion under Missouri workers' compensation law. One commissioner dissented, arguing the fall arose out of and in the course of employment and the idiopathic exclusion should not apply.

The Commission affirmed the Administrative Law Judge's decision denying the employee's claim for permanent partial or permanent total disability benefits against the Second Injury Fund resulting from her October 2, 1999 injury. The Commission found that the employee failed to meet her burden of proof on the disability claim, though it addressed procedural issues regarding the admissibility of medical testimony.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Kenneth Allison's work-related injury on January 29, 2004, in St. Louis County, Missouri. The claimant sustained injuries to both knees and low back from a fall and was awarded permanent total disability benefits with the Second Injury Fund providing ongoing compensation.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Edward Michalik's work-related injury on January 11, 2005. The majority affirmed the decision, though a dissenting opinion argued the administrative law judge erred in denying benefits for the right shoulder injury, which the dissent contended was causally related to the work accident.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Daniel W. Mahoney's right wrist injury sustained on February 27, 2004, while wrapping skids with a wrap gun. The Commission found the injury compensable and approved permanent total disability benefits, with the Second Injury Fund bearing liability for ongoing benefits beyond the employer's initial payment of permanent partial disability compensation.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Charles W. Lute's employment-related asbestos exposure claim. The decision upheld the ALJ's determination that Mr. Lute's occupational disease injury was compensable under the Missouri Workers' Compensation Act.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Wanda Farmer's January 29, 1983 workplace injury. One commission member filed a dissenting opinion arguing that future medical care should be denied, as subsequent treatment was attributable to separate injuries rather than the 1983 injury.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation to Jose Antunez for a work-related back injury sustained on February 8, 2003 at Propipe Corporation. The Commission approved the award of 35% permanent partial disability of the body as a whole referable to the low back, though one commissioner dissented, arguing for permanent total disability benefits instead.

The Commission affirmed the Administrative Law Judge's award allowing compensation for permanent partial disability to claimant Allen H. Bleckman, who sustained a work injury on December 14, 1999. The decision was based on stipulations between the parties that permanent partial disability was the only issue to be resolved.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Jesus Gonzalez for a back injury sustained on May 29, 2001, when doors fell on him while working. The claimant was awarded 140 weeks of permanent partial disability compensation totaling $38,996.40, with 35% permanent disability at the level of the body.

The Commission modified the administrative law judge's decision to award the employee future medical care and treatment for his back injury sustained on January 2, 2004. The Commission found that competent medical testimony from Dr. Crabtree established a reasonable probability of need for future medical treatment, including possible spinal fusion surgery, contrary to the judge's determination that the evidence was too speculative.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Doris Lacy for injuries claimed to arise from a May 17, 2001 slip and fall accident, finding insufficient evidence that her cervical and lumbar conditions resulted from the work-related injury. A dissenting opinion argued that medical records and injury reports corroborated the employee's consistent reporting of neck and back pain following the accident and that she should be found credible.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Karla Barnes for injuries sustained on January 9, 2002, when a cabinet fell on her while she was moving a telephone extension. The employee was awarded 63.75 weeks of permanent partial disability compensation totaling $21,000.53 for injuries to her right wrist (25% permanent disability) and cervical spine (5% permanent disability to the body as a whole).

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Larry Barton's right shoulder injury sustained on June 23, 2004, while working on a construction project at an Air Force Base in Texas. The employee was awarded 25% permanent partial disability of the right upper extremity at the shoulder level.

The LIRC affirmed the administrative law judge's award denying compensation in a workers' compensation case where employee Kenneth Stewart claimed a back injury while attempting to free his tractor trailer on July 5, 2003. The claimant failed to sustain his burden of proof that the injury arose out of and in the course of employment, resulting in no benefits awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Dennis S. Dugan's left knee injury sustained on March 1, 2002 at a Lowe's facility in St. Louis County. A dissenting opinion argued the employee was not permanently and totally disabled, citing the treating physician's opinion that the employee could perform sedentary work and the employer's vocational expert testimony regarding employability in the open labor market.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Sheila Dickson for a bilateral upper extremity and cervical spine injury sustained on July 31, 2004, while performing clerical duties. The Commission awarded $31,627.50 in total compensation, including $6,844.00 in unpaid medical expenses and $24,783.50 in permanent partial disability benefits reflecting 17.5% permanent disability.

The Commission modified the administrative law judge's award by reversing the award of future surgical medical treatment, finding that the employee failed to establish by competent and substantial evidence that future surgery was reasonably probable. The Commission affirmed the remainder of the award and found the testimony of Drs. Coyle and Suthar more credible than Dr. Volarich regarding the need for future medical care.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Telitha A. Miller, finding that her alleged May 12, 2004 right wrist injury did not arise out of and in the course of her employment as a napkin presser. No compensation was awarded in this case.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Mike Nelson for a right knee injury and aggravated deep vein thrombosis sustained on May 17, 2004, while working with concrete. The claimant was awarded permanent partial disability compensation of 15% referable to the injury, along with unpaid medical expenses and temporary disability benefits already paid.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Barry Webb for a low back injury sustained on July 27, 1999, while operating a machine. The employee was found to have permanent total disability due to the combination of the primary injury (35% PPD of the body as a whole) and preexisting conditions.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Joan Panhorst for an alleged mental injury. The case was denied because the alleged injury did not arise out of and in the course of employment as required under Missouri workers' compensation law.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Donald Hagan's occupational disease (dust inhalation) contracted on September 15, 1998 while operating a jackhammer. The employee was awarded permanent total disability benefits and compensation for temporary disability and past medical expenses.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to employee Bernice Simmons for an injury occurring on October 1, 2004, in Kansas City, Jackson County, Missouri. The Commission found the award was supported by competent and substantial evidence and complied with the Missouri Workers' Compensation Act.