Filtered Decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for cervical and lumbar spine injuries sustained in a work-related motor vehicle accident on October 1, 1998. One commissioner filed a separate dissenting opinion arguing the decision should be modified regarding the nature and extent of permanent disability and certain denied medical expenses and benefits.

The Commission affirmed the administrative law judge's award granting workers' compensation benefits for Dale Lane's bilateral carpal tunnel syndrome, an occupational disease contracted through repetitive typing, writing, and exposure to vibratory tools during his employment as a maintenance supervisor. The employee was awarded compensation for permanent disability (17.5% of each wrist), medical expenses, and temporary disability benefits.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for James Jackson's right knee injury sustained on May 16, 2003, while employed at PepsiAmericas. The award includes 32 weeks of permanent partial disability compensation at $340.12 per week for 20% permanent partial disability to the right lower extremity.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to Wilma Bevenue for an alleged injury on November 10, 1999. The Commission found that the injury was not compensable under Missouri workers' compensation law and that no accident or occupational disease arose out of and in the course of employment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to James V. Parrot for an injury on December 26, 2004, finding he failed to meet his burden of proof that he was in the course of employment at the time of the accident. The Commission determined the employee was not engaged in performing employment duties because he had discretion to respond to an emergency call and there was no evidence he actually responded to or intended to respond to the call.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in this October 18, 2000 injury case. The Commission found the employee was capable of performing light or sedentary work and therefore not permanently and totally disabled, and failed to establish Second Injury Fund liability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Joseph A. Barron for an occupational disease involving repetitive upper extremity use from his work as a reed stacker. The employee was awarded compensation for 25% permanent partial disability to his right and left upper extremities with appropriate temporary and permanent disability rates.

The Missouri LIRC affirmed the administrative law judge's award of workers' compensation benefits to Jillian Bartle for a head injury sustained on March 6, 2003, when she was struck by a heavy metal mold at Meramec Group. The Commission awarded 80 weeks of permanent partial disability compensation at $170.57 per week plus unpaid medical expenses totaling $2,816.65.

The Labor and Industrial Relations Commission issued a final award granting Charles Kuykendall permanent partial disability benefits of 15% for work-related bilateral myofascial pain in his shoulders, pursuant to a Missouri Court of Appeals mandate reversing the prior denial of benefits. The Commission accepted Dr. Eaton's opinion regarding the extent of disability and approved attorney's fees as fair and reasonable.

The Labor and Industrial Relations Commission affirmed the October 19, 2005 award of the administrative law judge in this workers' compensation case involving employee James Calcara, following remand from the Missouri Court of Appeals which found the Commission had erred in dismissing the application as untimely. The Commission found the ALJ's award was supported by competent and substantial evidence and in accordance with the Missouri Workers' Compensation Act.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that Mark Alcorn's back injury sustained while driving a dump truck at a road construction site on June 3, 2005, was compensable under Missouri workers' compensation law. The Commission determined all elements of compensability were satisfied and the claim was properly filed, awarding temporary total disability benefits and necessary medical expenses.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Michael Olden, who alleged he suffered a heart attack after returning from a business trip on September 28, 2000. 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 Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits, finding that the employee's alleged work-related stress and mental breakdown did not constitute a compensable injury under Missouri law. No accident or occupational disease arising out of and in the course of employment was established.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award in a workers' compensation case involving a lumbar spine injury and chronic depression sustained on September 28, 1998. The Commission affirmed the finding of work-related injury but modified conclusions regarding permanent total disability, past medical expenses, and future medical care.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Sidney O. Hudson for an alleged occupational hearing loss (tinnitus) injury sustained on April 12, 2002. The ALJ found that the claimed injury did not arise out of and in the course of employment, thus rendering it non-compensable under Missouri law.

The Commission affirmed the administrative law judge's finding that the employee's right cubital tunnel syndrome was not compensable but reversed the decision regarding left carpal tunnel syndrome. The employee, a gardener of fifteen years, developed symptoms of left carpal tunnel syndrome from repetitive work activities including digging, raking, and other manual labor at the cemetery.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Daniel Mell, a roofer who sustained a low back injury while shoveling gravel on July 27, 2001. The claimant was awarded permanent partial disability benefits totaling $32,942.00, with 20 weeks of compensation payable from the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to David Yocum for a shoulder condition claimed to be work-related. Although a dissenting opinion argued that medical evidence supported aggravation of the shoulder condition from grinding work activities, the majority found the evidence insufficient to establish the work activities as a substantial contributing factor.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to Lisa Conway for an alleged injury on January 15, 2005. The Commission found that the injury did not arise out of and in the course of employment, and therefore no compensation was awarded.

The Commission modified the administrative law judge's award, reversing the finding that the employee attained maximum medical improvement due to lack of competent and substantial medical evidence supporting this conclusion. The Commission set aside the permanent partial disability finding of 2.5% as premature, since it was contingent on a maximum medical improvement determination that was not supported by the record.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that employee Norbert Butler's injury to his left thumb and hand sustained on November 5, 2003 while installing a fastener on an aircraft was compensable under Missouri workers' compensation law. The award is temporary or partial in nature, with proceedings continued and kept open pending a final award.

The Commission affirmed the administrative law judge's award of workers' compensation death benefits to the widow of David J. Wallace, who sustained fatal injuries in a motor vehicle accident arising out of his employment. The Commission rejected the Second Injury Fund's arguments for a 15% reduction in benefits due to alleged safety violations and denied the Fund's request for a credit against death benefits paid under an occupational accident policy.

The Commission modified the previous award to assign liability to Elite Logistics Inc., the last employer to expose the employee to the occupational hazard of carpal tunnel syndrome, rather than Associated Wholesale Grocers Inc. The Commission affirmed the administrative law judge's calculations and awarded past medical expenses, temporary total disability benefits, and permanent partial disability benefits (20% for left wrist) from Elite Logistics Inc.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Stephen Clemons, a Public Safety Officer who alleged stress-related injuries from job activities including breaking up fights. The claim was denied because the alleged occupational disease was determined not to have arisen 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 award allowing workers' compensation benefits to Randall Sneed for an injury sustained on July 17, 2002, in Christian County, Missouri. The Commission found that the award was supported by competent and substantial evidence and was issued in accordance with the Missouri Workers' Compensation Act.