OTT LAW

Filtered Decisions

185 decisions matching filters

Werremeyer v. Yesterdays Restaurant(2010)

January 21, 2010

affirmed

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for a right hand injury sustained when the employee slipped on a wet floor while carrying glasses on November 11, 1995. The claimant was awarded 80% permanent partial disability benefits, with 20 weeks of compensation ($5,145.80) payable from the Second Injury Fund.

hand3,058 words

Cook v. Calmar - St. Gobain(2010)

January 20, 2010

reversed

The Commission reversed the administrative law judge's decision denying the employee's claim against the Second Injury Fund as time-barred. Following the Grubbs v. Treasurer of Missouri precedent, the court determined that a Stipulation for Compromise Settlement with the employer constitutes a 'claim for compensation' that resets the filing deadline for claims against the Second Injury Fund.

accidental injury4,668 words

Martin v. Mark Twain Caring Center(2010)

January 19, 2010

reversed

The Commission reversed the administrative law judge's award and found that employee Shelly Martin suffered work-related back injuries on June 11, 2002, and January 14, 2003, while employed at Mark Twain Caring Center. The Commission determined that employer failed to provide necessary medical treatment and must furnish additional medical care under the direction of Dr. Gornet.

back14,016 words

Brawley v. City of St. Louis(2010)

January 19, 2010

modified

The Commission modified the administrative law judge's award regarding when permanent total disability benefits should begin for employee James Brawley's work-related wrist injury. The Commission determined that permanent benefits should commence on July 17, 2006 (when maximum medical improvement was reached) rather than May 17, 2006, and ordered the Second Injury Fund to pay benefits at the modified differential and permanent rates accordingly.

wrist4,909 words

Michael v. United Parcel Service(2010)

January 14, 2010

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Ronald Michael's occupational disease involving repetitive trauma to both wrists sustained while working as a UPS driver. The case involved settlement with the employer/insurer and liability allocation to the Second Injury Fund for enhanced disability.

carpal tunnel4,665 words

Treadwell v. Lutheran Home for the Aged(2010)

January 14, 2010

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's final award denying workers' compensation benefits to employee Annie Treadwell. The Commission found that the alleged injury or occupational disease did not arise out of and in the course of employment, making it non-compensable under Missouri workers' compensation law.

2,320 words

Kitchen v. Mid-America Hotels Corporation(2010)

January 14, 2010

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding that Teresa Kitchen developed compensable carpal tunnel syndrome from hand-intensive work at Burger King. This is a temporary and partial award with the case kept open for final determination.

carpal tunnel4,702 words

Roscom v. Woodstone Builders, LLC(2010)

January 12, 2010

reversed

The Commission reversed the Administrative Law Judge's denial of workers' compensation benefits, finding that the employee did not forfeit his right to compensation despite refusing a post-injury drug test. The employee, who sustained a serious spinal cord injury when a wall fell on him at work, was awarded temporary total disability and medical treatment including pain management, psychological care, and physical therapy.

spinal cord injury6,863 words

Bailey v. Phelps County Regional Medical Center(2010)

January 7, 2010

affirmed

The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for Ruth Bailey, who sustained a knee injury on January 15, 2006, while walking in a hospital hallway. The decision turned on whether the injury resulted from an accident arising out of and in the course of employment.

knee5,778 words

Ray v. Cooperative Attendant Services, Inc.(2010)

January 6, 2010

affirmed

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to an employee who sustained a contusion to her right thumb when struck by a patient on September 2, 2006. Although a compensable accident was found to have occurred, the ALJ determined that no future medical care or permanent disability resulted from the injury, attributing ongoing symptoms to preexisting osteoarthritis rather than the accident.

contusion1,636 words