OTT LAW

Filtered Decisions

194 decisions matching filters

Wiseman v. Truman Medical Center(2006)

February 22, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Carmen Wiseman for an alleged back injury occurring on February 19, 2000 at Truman Medical Center. The commission found no accident or occupational disease arose out of and in the course of employment, and no compensation was awarded.

back1,854 words

Rowland v. Presbyterian Children Services(2006)

February 22, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to employee Lawana F. Rowland for a left knee injury sustained on February 5, 2002 at Presbyterian Children Services. Although the Commission found the injury arose out of and in the course of employment, no compensation was awarded due to lack of permanent disability or other compensable consequences.

knee3,637 words

Crow v. Cassens Transport Company(2006)

February 15, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation to Christopher Crow for a right shoulder injury sustained on February 7, 2001, while loading a trailer at Cassens Transport Company. The employee was awarded $38,557.38 in total compensation including unpaid medical expenses, temporary total disability, and permanent partial disability benefits for 20% permanent disability of the right shoulder.

shoulder9,885 words

Kliethermes v. ABB Power T&D(2006)

February 10, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Ronald Kliethermes for heart conditions allegedly caused by an electrical shock sustained on November 9, 2000. The Commission found that medical evidence did not establish that the electrical shock was a substantial factor in causing the employee's heart conditions, and that the employee did not sustain compensable injury or permanent disability from the accident.

electrical shock4,450 words

Brookes v. Stephens Floor(2006)

February 10, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Thomas Brookes for an alleged injury on October 6, 2000. The decision hinged on statutory interpretation regarding the three-year claim filing period under Missouri workers' compensation law, with one commissioner dissenting on the grounds that the employer's failure to include required information in the injury report should have triggered the filing deadline.

7,604 words

Fischer v. Ste. Genevieve Country Mart(2006)

February 7, 2006

affirmed

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for a low back injury sustained on March 1, 2001, when the employee slipped on a wet tile floor at the employer's deli. The injury was found to be compensable under Missouri law with 30% permanent disability to the body as a whole.

back7,418 words

Shargel v. Daimler Chrysler Corporation(2006)

February 7, 2006

affirmed

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Cheryl Shargel for a right elbow injury sustained on January 1, 2001, while installing auto parts at Daimler Chrysler Corporation. The employee was awarded 20.5% permanent partial disability with total compensation of $20,771.44, with the Second Injury Fund liable for a portion of the benefits.

elbow17,484 words

DeLeon v. KCI Shuttle(2006)

January 27, 2006

5,235 words

Knisley v. Charleswood Corporation(2006)

January 24, 2006

affirmed

The Missouri LIRC affirmed the administrative law judge's award of workers' compensation benefits to Marian Knisley for a low back injury sustained on April 6, 1999, while changing dyes in embosser machines at Charleswood Corporation. The employee was awarded $48,456.00 in permanent partial disability compensation for a 45% disability rating of the body as a whole.

back3,078 words

O'Donnell v. Station Casino(2006)

January 19, 2006

modified

The Missouri LIRC modified the ALJ's award and reversed the determination of employer liability, concluding that Station Casino, not Ameristar Casino, is responsible for workers' compensation benefits for the employee's occupational disease. Under the 'last exposure rule,' the employee's bilateral carpal tunnel and cubital tunnel syndrome arising from her dealership work at Station Casino between May 1998 and December 2000 makes Station Casino the liable employer.

carpal tunnel11,233 words

Dudley v. Garco Wine Company(2006)

January 18, 2006

affirmed

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for Kelvin Dudley's work-related left knee injury sustained on March 14, 2001 at Garco Wine Company. The employee was awarded 4 weeks of permanent partial disability compensation totaling $1,189.48 for a 2.5% permanent partial disability rating of the left knee.

knee1,534 words

Watkins v. Cummings Welding(2006)

January 17, 2006

reversed

The Commission reversed the Administrative Law Judge's award of permanent total disability benefits from the Second Injury Fund, finding insufficient competent evidence that pre-existing conditions combined with the primary injury to cause permanent total disability. The employee failed to meet his burden of proof that actual and measurable pre-existing disabilities existed at the time of the primary injury.

cervical spine and shoulder3,581 words

Hoff v. St. Clair R-XIII School District(2006)

January 13, 2006

affirmed

The Commission affirmed the Administrative Law Judge's award, finding that the employee sustained compensable injuries to his right ankle and knee from a work-related fall on July 26, 2000. The decision awards temporary or partial benefits with proceedings kept open for a final award.

knee15,546 words

Cromley v. Chris Pierce(2006)

January 13, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Jeremy Cromley's fall from scaffolding on May 27, 2003, in Jackson County, Missouri. The claimant was found to have sustained a compensable injury resulting in 60 percent permanent partial disability to the body as a whole, with necessary medical aid valued at $18,525.78.

fall5,794 words

Bennett v. Schneider Electric Company(2006)

January 10, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation to Michael B. Bennett for a workplace injury sustained on September 14, 2001. One commissioner dissented in part, arguing that permanent total disability benefits should have been awarded against the Second Injury Fund.

5,890 words

Walls v. Wal-Mart(2006)

January 10, 2006

affirmed

The Missouri LIRC affirmed the Administrative Law Judge's award denying compensation in a workers' compensation case involving an alleged work-related injury on August 8, 2001. The employee failed to establish that an undiagnosed preexisting condition (multiple sclerosis) constituted an obstacle to employment sufficient to trigger Second Injury Fund liability.

occupational disease3,134 words

Townser v. First Data Corporation(2006)

January 10, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Traci Townser, who claimed carpal tunnel syndrome from seven years of work as a customer service representative. The majority found insufficient evidence of work-relatedness, though a dissenting opinion argued the employee's medical evidence should have been credited to establish the occupational disease claim.

carpal tunnel3,813 words

Jaynes v. Beverly Health & Rehabilitation(2006)

January 10, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Betty Jaynes, who claimed a work-related injury from tripping over a light cord and falling while caring for a patient on April 24, 1999. Although the injury arose out of and in the course of employment, the Commission found no compensable injury warranting benefits.

fall5,662 words

Downing v. Western Auto(2006)

January 9, 2006

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying compensation to Derrick Downing for injuries sustained when a tire blew up in his hands on January 24, 1986. Although the injury was found to be compensable and arose out of employment, the case was settled and no compensation was awarded.

occupational disease1,127 words