All Decisions

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Barbara J. Vickers for an alleged C. difficile infection contracted at the employer's laundry facility. The employee failed to produce competent evidence that she was actually exposed to C. difficile or contracted it from environmental contact at the workplace, and therefore did not meet her burden of proof.

The Commission reversed the Administrative Law Judge's award that had waived the notice requirement for filing a proof of claim in the employer's bankruptcy proceeding. The employee failed to file a timely proof of claim with the bankruptcy court as required by statute, and this jurisdictional requirement cannot be waived despite the employee's claim that notice was not received.

The Commission modified the administrative law judge's final award to designate it as a temporary or partial award, finding that issuing a final determination was error since no party sought final disposition of the matter. The case was returned to the Division for further proceedings while the injury causation issue remains unresolved.

The Labor and Industrial Relations Commission modified the administrative law judge's award, which had granted permanent total disability benefits and future medical care for an employee injured in a June 19, 1998 workplace accident affecting his lower extremities and sacral area. The employer/insurer challenged the award, arguing that only permanent partial disability was supported by competent and substantial evidence.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Kimberly Allen for an alleged injury on July 28, 2001. The claim was found not to be compensable under Chapter 287 as the injury did not arise out of and in the course of employment.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to employee John Bennett for a compensable work-related accident occurring on September 18, 2005. The Commission found that the employee provided adequate notice to the employer and is entitled to future medical benefits to cure or relieve the work-related condition.

The Commission affirmed the Administrative Law Judge's award denying compensation for an employee who slipped and fell on a motor coach on February 1, 2006, injuring his left knee. Although the fall aggravated the employee's preexisting degenerative joint disease requiring total knee replacement, the majority found the award supported by competent and substantial evidence and made in accordance with the Missouri Workers' Compensation Act.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for James Hillis's alleged low back injuries from October 2002 and January 2003. The Commission found that the injuries did not arise out of and in the course of employment, and the employee's claims against the employer were settled by compromise settlement agreement prior to hearing.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Scott W. Zangraft for a neck and shoulder injury sustained on July 30, 2004, while removing a rack from a truck. The claimant was awarded permanent partial disability compensation of 35% for the neck and 25% for the low back, with medical benefits and temporary disability compensation previously paid.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to claimant Zlata Uzicanin, who suffered a head injury when struck by a window while washing windows at her workplace on April 9, 2003. Although the injury was found to be compensable and work-related, no benefits were awarded due to 0% permanent disability determination.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying all workers' compensation benefits to Betty Logsden, finding that no compensable injury or occupational disease occurred. The claim was denied because the alleged accident did not arise out of and in the course of employment, and the employer did not receive proper notice.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Ronald Voss for an alleged injury on December 20, 2002, finding that the injury was not compensable under Missouri law. The decision determined that there was no accident or occupational disease arising out of and in the course of employment, and no benefits were awarded.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Slobodanka Zilic for injuries sustained on January 22, 2003, when she twisted, slipped and fell while moving a box at work. The claimant was awarded permanent partial disability compensation for injuries to her left elbow (25%), left knee (25%), and low back (12.5%), plus a 10% multiplicity load factor.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Elaine Casteel for a neck and shoulder injury sustained in a trip and fall accident on December 3, 2003. The claimant was awarded permanent partial disability benefits totaling 175.625 weeks across multiple body parts and disability levels, with partial liability assigned to the Second Injury Fund.

The Commission affirmed the administrative law judge's award of permanent total disability compensation for an employee who sustained hearing loss and psychological injury while driving heavy equipment on July 7, 2001. The claimant is entitled to weekly compensation of $513.32 beginning September 8, 2001, less a 16-week credit previously allowed to the employer/insurer.

The Missouri LIRC affirmed the administrative law judge's decision denying workers' compensation benefits for an alleged occupational disease of right bilateral carpal tunnel syndrome. The Commission concluded that the employee failed to provide substantial and competent evidence that the carpal tunnel syndrome was attributable to an occupational disease arising out of his employment.

The Commission modified the Administrative Law Judge's award by increasing the preexisting disability rating of the employee's left ankle from 35% to 75% at the 155-week level based on multiple prior injuries requiring surgeries. This modification increased the Second Injury Fund's liability for permanent partial disability benefits from $7,318.21 to $9,515.09.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation to Melanie Days for carpal tunnel syndrome claimed as an occupational disease. The majority found the employee failed to prove the condition was work-related, though a dissenting opinion argued the evidence from employee's medical experts should have been credited over the employer's expert testimony.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Gary Purdy's low back injury sustained on November 17, 1999 while shoveling mud at work. Although the injury was deemed compensable, no lost-time compensation was awarded as the employee experienced no lost time from work.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Donna M. Blankenship for a shoulder injury sustained on November 19, 2003. The Commission found the award supported by competent and substantial evidence and in accordance with the Missouri Workers' Compensation Act, though a dissenting opinion argued the employee should have been found entitled to permanent total disability benefits against the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Joyce Bivins for a fall that occurred on August 27, 2006. The Commission found insufficient credible evidence that the claimant's foot stuck to the floor as she claimed, as photographic evidence and employer investigation showed no hazardous condition on the floor that would have caused the injury.

The Commission affirmed the administrative law judge's award denying workers' compensation benefits to Randy Johnson for a right ankle injury sustained on July 29, 2006, while walking through a grocery store aisle. The employee's injury resulted from a non-work-related misstep where his foot rolled inversion-style with no external cause, which did not arise out of or in the course of employment under the 2005 Workers' Compensation Act.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that Jason Gamet's back injury sustained while bending to pick up an empty pallet on July 8, 2006, was compensable under Missouri workers' compensation law. The award is temporary or partial, with the case remaining open for further proceedings to determine final compensation.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Robin Gross, finding that no compensable injury or occupational disease occurred. The Commission concluded that the alleged accident or occupational disease did not arise out of and in the course of employment, and therefore no compensation was awarded.

The LIRC affirmed the administrative law judge's decision denying workers' compensation benefits to Renee Viles for low back injuries allegedly caused by repetitive bending, lifting, and turning at work. The court found that the injury did not arise out of and in the course of employment, and no compensable injury or occupational disease was established.