Filtered Decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of temporary workers' compensation to Maria White, finding her injuries compensable despite the employer's argument based on § 287.020.5. The decision addresses statutory construction issues regarding commuting employees and the extension of premises doctrine under Missouri workers' compensation law.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Nelson Gibler for a work-related injury on May 22, 2000, while addressing Second Injury Fund liability issues. The decision determined that while the employee had preexisting low back pain and depression, these conditions did not constitute disability sufficient to trigger Second Injury Fund liability for enhanced benefits.

The Commission affirmed the amended award of the administrative law judge, rejecting the employee's argument that the employer waived its right to direct medical treatment under Missouri law. The decision clarifies that a temporary treatment gap does not constitute a waiver of the employer's statutory right to select healthcare providers, and employees who choose their own doctors without employer authorization bear their own costs unless the employer fails to provide necessary treatment.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Stanley Chubb's lumbar spine injury sustained in a work accident on August 7, 2003. The Commission found the administrative law judge's decision was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

The Missouri LIRC affirmed the ALJ's award of permanent total disability benefits to the deceased employee's three minor children as dependents. The Commission found that the definition of 'dependent' under § 287.240 RSMo properly applies to determine eligibility for death benefits, rejecting the Second Injury Fund's argument that the statutory definition was inapplicable.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Ann Shinkle for bilateral carpal tunnel syndrome and right lateral epicondylitis caused by repetitive motion work as a housekeeper. The award is temporary or partial and the case remains open for further proceedings and final determination.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that claimant Monika Chrismer's bursitis/tendonitis in her right upper extremity, caused by manipulating a bus door on December 1, 2009, was a compensable occupational disease. The award is temporary or partial, with proceedings kept open for further determination of future medical expenses and Second Injury Fund liability.

The Labor and Industrial Relations Commission reversed the ALJ's denial of workers' compensation benefits for an employee who injured his right ankle in a work-related fall on March 17, 2010. The Commission found that the injury satisfied the requirements of Missouri Workers' Compensation Law and awarded 30% permanent partial disability benefits for the right ankle injury.

The Missouri LIRC affirmed the administrative law judge's award denying workers' compensation to Bert Kersey, an auto mechanic who suffered hearing loss and tinnitus after a loud noise was amplified through a mechanic's stethoscope on July 11, 2007. One commission member dissented, arguing the employee should receive future medical care and permanent partial disability benefits.

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to Mary Grayson against the Second Injury Fund, finding that her hand and wrist injuries resulted from repetitive job duties. The employee developed pain and numbness in both hands requiring multiple finger and thumb release surgeries, and the medical evidence established the work-related injury as a substantial contributing factor to her permanent total disability.

The Commission reversed the Administrative Law Judge's award that found the employee sustained both an accident and occupational disease injury to her right shoulder, determining instead that only the accident on April 13, 2009 was the prevailing factor causing her compensable injury. The Commission denied compensation for the claimed occupational disease and found the employee's right shoulder disability resulted from the accident injury, not repetitive work exposure.

The Commission affirmed the administrative law judge's award of 30% permanent partial disability for a right shoulder rotator cuff injury sustained when the employee threw a trash bag into a dumpster on April 13, 2009. The Commission substituted its own findings on the accident/occupational disease classification and medical causation issues while upholding the overall compensation award and Second Injury Fund liability determination.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Mark Winningham for a right knee injury sustained on August 18, 2005, while installing drainpipe at the Missouri Department of Transportation. The employee was awarded 32 weeks of permanent partial disability compensation at 20 percent along with future medical benefits.

The Commission affirmed the ALJ's denial of workers' compensation benefits for a claimed rotator cuff injury, finding no accident occurred and that medical evidence failed to establish the work incident as the prevailing factor in causing the injury. The employee's claim for temporary total disability benefits was also denied.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Aaron Povilat for injuries sustained on April 25, 2007, while attempting to prevent a shoplifter from driving away. Although the injury was found to be compensable and work-related, the claim was denied because it was not filed within the time required by law.

The Labor and Industrial Relations Commission reversed the administrative law judge's award that found the employee sustained a work-related accident on January 14, 2002, causing a left knee injury and subsequent death. The Commission determined that the evidence did not support a compensable work-related accident, denying all compensation benefits to the employee's widow.

The Commission modified the administrative law judge's award by removing findings on compensability that exceeded the parties' stipulated issues, which only addressed which injury was the prevailing factor in the need for medical treatment and temporary total disability benefits. The Commission clarified this as a temporary award under § 287.510 RSMo and noted that issues regarding past medical expenses were expressly reserved for later determination.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Alvin Hellmann for a neck and right shoulder injury sustained on September 30, 2008, while working with pallets at Prairie Farms Dairy. The employee settled his claim for 160.6 weeks of permanent partial disability, with the commission correcting an error in the original award documentation.

The Commission reversed the Administrative Law Judge's denial of workers' compensation benefits for a May 4, 2001 lower back reinjury, finding that the employee sustained 5% permanent partial disability attributable to that injury based on independent medical evaluation. The Commission found Dr. Swaim's medical opinions more credible than the treating physician's, as he provided thorough apportionment of disability between the two separate back injuries.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Jerry Dillon for an alleged injury sustained while lifting a door. No benefits were awarded as the injury was determined not to be compensable under Missouri Workers' Compensation Law.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Danny E. Bell's left thumb/hand injury sustained on May 30, 2006, when his hand was caught in a machine he was operating. The injury was determined to be compensable with permanent total disability status.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying the employee's workers' compensation claim, finding she failed to meet her burden of proof for permanent partial disability. A dissenting opinion argued that competent evidence established the employee sustained permanent partial disability from a July 25, 2005 work injury involving a left hamstring muscle strain.

The Commission modified the ALJ's award to grant permanent total disability (PTD) benefits from the Second Injury Fund, finding that the employee's work-related injuries to his knee, back, and neck in combination with preexisting disabilities rendered him unable to engage in substantial gainful activity. The decision upheld medical expert testimony that the employee was permanently and totally disabled as a direct result of the December 2008 work injury combined with all preexisting medical conditions.

The Commission affirmed the ALJ's award of permanent partial disability benefits for an employee who suffered a crush injury to his right index finger on February 11, 2004, resulting in eventual amputation of the distal phalanx. The employee was awarded 110% permanent partial disability at the distal phalanx level, 2.5% at the wrist level, and 4 weeks for disfigurement, which the Commission found supported by competent and substantial evidence.

The Commission affirmed the administrative law judge's award of workers' compensation to employee Shawna Prope for injuries sustained in a fall from a ladder on September 24, 2008, which resulted in permanent partial disability to her right knee and back. The claimant was awarded 82 weeks of compensation at $213.33 per week ($17,493.06 total) along with previously paid medical expenses and temporary disability benefits.