All Decisions

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 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 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 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.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Charlotte Rose for a cervical spine injury caused by repetitive data entry and typing work. The employee was determined to have permanent total disability with an average weekly wage of $590.08 and compensation rate of $393.39.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Susan Gierer for a low back injury sustained on October 22, 2003. One dissenting member disagreed with the permanent partial disability percentage, arguing it should be increased from 12.5% to 20% based on the employee's testimony regarding pain and functional limitations.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for Edward McNamee's death resulting from an infected finger cut sustained while performing electrical work on May 2, 2003. The employee's widow, Denise McNamee, was approved as the dependent beneficiary, and the claim was found to be compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying compensation to Roger Patterson for an alleged back injury from February 6, 2006, finding the employee failed to meet his burden of proof regarding proper notice requirements. A dissenting opinion argues the decision should be reversed, contending the employee provided adequate verbal notice to the employer within the required timeframe and that the employer suffered no prejudice from the lack of written notice.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award and decision on the issue of liability in this workers' compensation case involving employee James Parks. The award is temporary or partial in nature, with proceedings kept open for a final award to be made.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for Nicholas Nsane, a cooler-dock worker who sustained a closed head injury, neck injury, and body trauma when he slipped and fell on a wet floor at Prairie Farms Dairy on January 2, 2004. The claimant was awarded permanent total disability benefits at $418.95 per week for his lifetime, with the Second Injury Fund dismissed as an additional party.

The Missouri Court of Appeals affirmed in part and reversed in part the prior LIRC award, remanding the case for entry of future medical benefits. The Commission awarded employee William Kempker future medical benefits necessary to cure and relieve the effects of his injury sustained on February 24, 2001.

The Commission modified the administrative law judge's October 5, 2005 award, redesignating it as a temporary or partial award rather than final because the issue of unpaid medical expenses (Medicare claim for payment) remained unresolved. The matter was returned to the Division of Workers' Compensation for further proceedings to address the outstanding medical payment issue.

The Missouri Court of Appeals reversed in part the Commission's denial of compensation for the September 1, 2003 accident and remanded for determination of compensability and medical expenses related to that injury. The Commission found that the employee overcame the untimely notice requirement by demonstrating lack of prejudice to the employer.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Lois Billingslea for a low back injury sustained on September 26, 2003, while lifting a pallet onto a shopping cart at a Wal-Mart store in Branson West, Missouri. The employee was awarded compensation of $4,546.20 for 5 percent permanent partial disability to the body as a whole (20 weeks), with $5,714.67 in medical expenses already paid by the insurer.