All Missouri workers' compensation decisions

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 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 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 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 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.

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 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 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 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 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 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 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 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 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 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 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.