All Decisions

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for John R. Wheeler's back injury sustained while lifting a boat hull on August 7, 2001. The claimant was awarded 30 percent permanent partial disability to the body as a whole and temporary total disability compensation of 45 3/7 weeks.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Gregory Silva for a claim of workplace stress injuries. The Commission found that the alleged 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 Robert Davinroy, a dockworker who claimed a repetitive strain injury to his right knee. The Commission found that the alleged injury did not arise out of and in the course of employment under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying compensation to William Clark for occupational hearing loss of his left ear, finding the Second Injury Fund not liable. The dissenting opinion argued the decision conflicted with Supreme Court precedent on synergistic disability claims combining preexisting wrist disability with the work-related hearing loss.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Andrew Sutton for a left ring finger injury sustained on September 22, 2004 while raking gravel. The Commission approved compensation totaling $32,629.29 including unpaid medical expenses of $25,754.29, temporary disability, permanent partial disability, and disfigurement benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Gerald Gordon for a work-related shoulder injury on October 21, 2005. The Commission found that Gordon failed to prove his work accident was the prevailing factor in causing his massive rotator cuff tear requiring surgery, given his prior 1993 rotator cuff repair history.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Robert Church for a cervical spine injury sustained on May 9, 2002, when he fell forward while carrying an oxygen welding tank on his back. The employee was awarded 30% permanent disability benefits, with the Second Injury Fund liable for 30.75 weeks of compensation totaling $10,129.67.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Jerri Courtney for a low back injury sustained on September 20, 2005, while performing a four-man patient lift at Skaggs Community Hospital. The employee was awarded $29,910.35 in total compensation including unpaid medical expenses, temporary disability benefits, and permanent partial disability benefits for 15 percent body as a whole disability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Jim Faulkner for injuries allegedly sustained in an automobile accident on July 19, 1997. The Commission found that the accident did not arise out of and in the course of employment, rendering the claim non-compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Diane Nyberg for a back and coccyx injury sustained on April 1, 2001, when she slipped on a foreign substance on an assembly line floor at Ford Motor Company's Claycomo facility. The Commission found the employee permanently and totally disabled and awarded ongoing permanent total disability benefits beginning February 15, 2003.

The Labor and Industrial Relations Commission modified the administrative law judge's award, affirming the determination of 25% permanent partial disability of the left lower extremity but reversing the award of future medical care and treatment. The Commission found that while the employee sustained a work-related left knee injury on April 30, 2004, the evidence did not establish that the April 30, 2004 accident was the substantial contributing factor requiring future medical treatment due to the employee's prior knee injury and preexisting degenerative changes.

The Labor and Industrial Relations Commission modified the administrative law judge's award, finding the employee sustained multiple injuries including a primary injury with preexisting neck and knee conditions that synergized to create greater disability. The Commission awarded 45% permanent partial disability for the primary injury plus additional disability weeks from the Second Injury Fund based on the combined effect of injuries, and addressed the employee's appeal regarding permanent total disability status.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to employee Rusty Sprouse but reversed the portion assessing costs and attorney's fees against the employer, finding the employer had reasonable grounds to defend based on conflicting medical testimony and discrepancies regarding the accident date. The Commission determined that while employee benefits were properly awarded, the employer's defense was not unreasonable and therefore costs and attorney's fees should not be assessed.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Ricki E. Ross for a left knee injury sustained on May 3, 2004, when he slipped on tire shine and fell at work. The employee was found to be permanently and totally disabled as a result of the injuries, with compensation and medical expenses approved.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Glennda Taylor (deceased), whose surviving spouse Marvin Taylor is the claimant, for a low back injury sustained while driving a school bus on December 19, 2003. The employee was found to have permanent total disability beginning January 29, 2004, with compensation payable at $210.85 per week plus unpaid medical expenses of $49,400.37.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits for an occupational disease affecting the brain and inner ear sustained on July 30, 2000. The employee was awarded permanent total disability compensation of $202.54 per week for life, effective July 6, 2004, along with future medical benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Brenda K. Boyer for a work-related injury to her bilateral wrists and hands caused by repetitive hand motions. The claimant was awarded permanent partial disability compensation of $27,261.85 with a 20% bilateral upper extremity rating, with the Second Injury Fund liable for a portion of weekly differential benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to James Nelson for a back and left hip injury sustained on June 11, 2003, while hauling a military load of ordinance. The Commission awarded permanent total disability benefits of $300.81 per week for the claimant's lifetime, along with future medical benefits.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Elizabeth Leach for injuries sustained from a fall on a floor mat at Wal-Mart on December 21, 2003. The employee was awarded compensation for permanent partial disability of 10% to the left wrist and 5% to the right knee, plus unpaid medical expenses of $25.00.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Neil Schaffer for an alleged work-related stress injury occurring on May 2, 2002. The Commission found that the injury did not arise out of and in the course of employment and therefore was not compensable under Missouri law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation to Virginia Stephens for a work-related injury sustained on November 24, 1999. One dissenting member argued the decision should be modified to increase the permanent partial disability award from 15% to 40% and to include past medical expenses for a corpectomy procedure.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for William Bea's lower back injury sustained on November 26, 2001, while reaching to pick up materials at work. The Commission approved permanent total disability benefits of $409.33 per week along with medical compensation and temporary disability payments totaling $77,652.33.

The Commission affirmed the Administrative Law Judge's award on a medical fee dispute, finding St. Francis Medical Center's charges of $57,844.81 to be fair and reasonable. The insurer was ordered to pay the outstanding balance of $24,476.77 for medical services rendered to employee Brian D. McMillan following a work-related accident on June 29, 2006.

The Commission reversed the Administrative Law Judge's award of temporary compensation, finding that the employee failed to sustain his burden of proving an injury arose out of and in the course of employment. The employee's loss of consciousness on April 15, 2005, was determined to be unrelated to work duties and likely attributable to his pre-existing medical condition of migraines and seizure history rather than a work-related accident.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Tony Gross for a right knee injury and psychological impairment sustained when struck by a suspended axle on the assembly line. The claimant was awarded 50% permanent disability to the right knee and 25% permanent disability to the body as a whole referable to psychological impairment, with compensation already paid totaling $55,684.98 for temporary disability and $93,614.26 for medical care.