OTT LAW

All Decisions

2,579 decisions in the archive

Mezo v. Meramec Group, Inc.(2008)

May 1, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that Mary Mezo sustained a compensable occupational disease injury to her bilateral hands and wrists from repetitive motion work on September 3, 2004. This temporary or partial award establishes a weekly compensation rate of $195.96 for temporary total disability/permanent partial disability, with the case remaining open for further proceedings and final determination.

occupational disease1,977 words

Smith v. Ford Motor Company(2008)

April 16, 2008

affirmed

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Tresha Smith for permanent total disability resulting from repetitive use of power tools on an assembly line. The award includes unpaid medical expenses, temporary total disability benefits, disfigurement compensation, and lifetime permanent total disability benefits.

repetitive strain injury1,166 words

Cheung v. Hong Kong Tea House Incorporated(2008)

April 15, 2008

affirmed

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Petty Cheung for a right shoulder, collarbone, and neck injury sustained on October 25, 2004, while employed at Hong Kong Tea House Incorporated. The injury resulted from repetitive lifting and carrying trays and was determined to be compensable with 28% permanent partial disability to the body as a whole.

shoulder1,858 words

Bock v. City of Columbia(2008)

April 15, 2008

reversed

The Commission reversed the administrative law judge's award of 7.5% permanent partial disability to an employee who sustained a lacerated right leg from a metal pipe strike, finding no competent medical evidence supported any permanent partial disability. The Commission determined that the award was based on visual inspection of a leg that had been subsequently re-injured, making it impossible to distinguish disability from the original work injury versus later unrelated events.

laceration3,508 words

Turner v. All American Painting Company(2008)

April 15, 2008

affirmed

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award in this workers' compensation case for employee Robert Turner. The Commission found the award was supported by competent and substantial evidence and made in accordance with the Missouri Workers' Compensation Act.

279 words

Rigdon v. Tower Rock Stone Company(2008)

April 15, 2008

affirmed

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to employee Joe Rigdon for an alleged April 9, 2004 injury while operating a front-end loader. The court found that Rigdon failed to prove the accident arose out of and in the course of his employment, resulting in no compensation awarded.

neck/back4,114 words

Highley v. Von Weise Gear(2008)

April 15, 2008

affirmed

The Missouri Court of Appeals reversed the initial LIRC decision and remanded the case, directing the Commission to award permanent total disability benefits to employee Debra Highley for bilateral carpal tunnel syndrome combined with multiple pre-existing conditions. The Commission issued this final award granting permanent total disability compensation against the Second Injury Fund at a rate of $504.75 weekly, finding the employee unable to sustain work in the open labor market.

carpal tunnel719 words

Atkins v. Schreiber Foods(2008)

April 8, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Ruth Atkins for a wrist injury sustained on April 7, 2005, finding the decision supported by competent and substantial evidence. A dissenting opinion argued the judge erred in disregarding uncontradicted vocational expert testimony regarding the employee's permanent total disability.

wrist/hand3,669 words

Ball-Sawyers v. Blue Springs School District(2008)

April 3, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to school bus driver Tina Ball-Sawyers for cumulative trauma to her lumbar spine sustained on February 24, 2001. The claimant was awarded permanent and total disability benefits along with compensation for temporary total disability and unpaid medical expenses totaling over $236,000.

occupational disease10,391 words

Robey v. Schott Farms, Inc. and Alliance Savings Company/AMS Staff Leasing(2008)

April 1, 2008

affirmed

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for the fatal injuries sustained by Paul Robey, a deceased employee, who died from head injuries suffered in a motor vehicle accident on June 22, 2001 while driving a truck for his employer. Compensation awarded totaled $72,460.31, including medical expenses, temporary total disability, and funeral expenses, with the Second Injury Fund claim denied.

fatal occupational accident6,679 words

Bivens v. St. Alexus Hospital(2008)

April 1, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation to Rosemary Bivens for a right knee injury sustained in a fall at St. Alexus Hospital on May 20, 2004. The claimant was awarded compensation for temporary total disability and permanent partial disability of 50% to the right knee, with medical expenses covered by the insurer.

knee2,734 words

Davis v. St. Louis Public Schools(2008)

March 20, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to a physical education teacher for varicose veins claimed as an occupational disease. The dissenting opinion argues the employee failed to prove the condition was an occupational disease rather than an ordinary disease of life, citing the employee's delayed claim filing and active lifestyle both at work and outside of work.

occupational disease19,662 words

Westerfield v. City of St. Louis(2008)

March 11, 2008

affirmed

The Commission affirmed the administrative law judge's award finding that the employee had a pre-existing 15% permanent partial disability of the right knee that met the statutory threshold under section 287.220 RSMo. The Second Injury Fund was held liable for 7.35 weeks of permanent partial disability benefits, with an additional 20% permanent partial disability attributed to work-related aggravation from the October 19, 2004 accident.

knee572 words

Heiskell v. Golden City Foundry Inc.(2008)

March 11, 2008

reversed

The LIRC reversed the Administrative Law Judge's award of workers' compensation death benefits to the dependents of Norman Heiskell, who died in November 2003 following an October 2003 accident at Golden City Foundry. The Commission concluded that the employee's death was not due to an accident arising out of and in the course of his employment, thereby denying the death benefits claim.

occupational disease7,604 words

Brown v. Department of Mental Health (Alleged)(2008)

March 10, 2008

4,015 words

Blackerby v. Rocky Ridge Construction(2008)

March 10, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to employee Jamey Blackerby for a back injury sustained on August 4, 2005, when a coworker dropped a beam during a lifting operation. The claimant was determined to have permanent and total disability with compensation for unpaid medical expenses and temporary total disability benefits.

back6,206 words

Myers v. Heilig-Meyer Furniture(2008)

March 10, 2008

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation benefits to James R. Myers for a right elbow injury sustained on April 13, 2001, while moving furniture. The employee received temporary disability benefits of $64,900.29 and was awarded 5% permanent partial disability to the right elbow totaling $3,299.73.

upper extremity6,116 words

Hampson v. ABC Atlas Van Lines(2008)

March 6, 2008

affirmed

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Robert Hampson for a work-related back injury to the lumbar spine sustained on June 19, 2002, when he was struck by a pickup truck while assisting a coworker. The employee was awarded $79,060.80 representing 60% permanent partial disability of the body as a whole referable to the lumbar spine.

back13,808 words

Eye v. GKN Aerospace(2008)

March 6, 2008

affirmed

The Missouri LIRC affirmed the administrative law judge's award finding that employee Michael Eye contracted an occupational disease affecting his hands and upper extremities from his work as a team leader. A dissenting opinion argued the employee failed to establish sufficient workplace exposure through competent evidence to support the occupational disease claim.

occupational disease5,015 words

Sellers v. A. G. Edwards & Sons, Inc.(2008)

March 6, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Geneva Sellers for occupational disease (cubital and carpal tunnel syndrome) sustained on May 19, 2003, while performing job duties. The claimant was awarded permanent partial disability benefits, unpaid medical expenses of $18,150.80, and temporary disability compensation.

carpal tunnel3,734 words

Patterson v. SDS Builders(2008)

March 3, 2008

affirmed

The Commission affirmed the Administrative Law Judge's award finding the employee permanently and totally disabled from a work-related back condition sustained on November 3, 2000. The Commission denied the employee's request for reimbursement of past medical expenses from unauthorized treatment, finding the treatment was not medically necessary to cure and relieve the effects of the work injury.

back7,511 words

Rector v. Integram St. Louis Seating(2008)

February 26, 2008

affirmed

The Commission affirmed the Administrative Law Judge's award of temporary or partial workers' compensation benefits for Douglas Rector's work-related injury to both wrists and hands sustained on May 31, 2004. The award provides for future medical care and remains subject to modification as the case continues toward a final determination.

wrist/hand24,836 words

Kelley v. St. Francis Medical Center(2008)

February 25, 2008

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for an occupational disease claim. The employee sustained a 15% permanent partial disability in both hands and wrists from repetitive use of hands and wrists performing job duties, with the Commission finding the award supported by competent and substantial evidence.

carpal tunnel8,049 words

Peery v. Mid Continent Industrial(2008)

February 25, 2008

affirmed

The Commission affirmed the Administrative Law Judge's award denying compensation in this workers' compensation case involving a low back injury from a slip and fall accident on July 12, 2004. Although the injury was found to be compensable and arose out of employment, no permanent disability was determined, resulting in no compensation being awarded despite temporary disability payments already made.

back19,217 words

Palmer v. St. Anthony's Medical Center(2008)

February 25, 2008

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Patricia Palmer for a left knee injury sustained on July 22, 1999, when she tripped and fell while walking into work at St. Anthony's Medical Center. The employee was awarded permanent partial disability benefits against the employer and permanent total disability benefits against the Second Injury Fund due to the combination of the primary injury and a preexisting condition.

knee3,225 words