OTT LAW

All Decisions

2,619 decisions in the archive

Stoffregen v. U Haul of Missouri(2007)

November 8, 2007

modified

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award to issue a final award for future medical care rather than a temporary award. The employee suffered permanent total disability from a fall off a broken ladder on April 3, 2002, affecting his neck, right arm, and left hip.

multiple trauma9,311 words

Davis v. Deffenbaugh Industries, Inc.(2007)

November 8, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Darryl Z. Davis's cumulative trauma injury sustained while operating a dumpster truck on January 14, 2004. The injury to the employee's back, hips, and legs arising from repetitive work activities was found compensable as an occupational disease with permanent and total disability.

occupational disease29,788 words

Richardson v. General Motors(2007)

November 6, 2007

affirmed

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in a case involving cumulative trauma to the employee's shoulders from assembly work. Although the injury was deemed compensable and occurred during employment, the claim was previously settled and benefits were awarded to neither the employee nor the Second Injury Fund.

occupational disease4,604 words

Idol v. Zimmer Companies, Inc.(2007)

November 2, 2007

affirmed

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for a claimant who slipped and fell from a ladder on February 22, 2000, sustaining a low back injury with 27.5% permanent whole body disability. The Second Injury Fund was found liable for $8,181.27 in benefits.

back15,762 words

Dunn v. Astoris(2007)

November 2, 2007

affirmed

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Edward Dunn, Jr.'s right shoulder injury sustained on February 12, 2001, while lifting a lid on a metal container at his workplace in St. Louis, Missouri. The employee was awarded 47.5% permanent partial disability benefits, with the Second Injury Fund liable for 34.66 weeks of permanent partial disability compensation totaling $10,892.25.

shoulder7,677 words

Stegman v. Grand River Regional Ambulance District(2007)

October 30, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation to Lisa M. Stegman for a right knee injury sustained on March 31, 2002, while she was at home preparing to respond to an emergency call as an on-call EMT. The majority found the employee failed to meet her burden of proof that she was in the course of employment at the time of the accident, though a dissenting opinion argued the decision should have been reversed.

knee13,430 words

Kinealy v. Ford Motor Company(2007)

October 29, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to David Kinealy for injuries sustained in a fall at a Ford Motor Company facility on January 19, 2002. Kinealy, a pipefitter, fell 10-12 feet through a ceiling while installing a sprinkler system, resulting in a left ankle injury and thoracolumbar spine injury with permanent disability ratings of 35% and 20% respectively.

fall8,936 words

DePree v. Timberlake Care Center(2007)

October 29, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for an employee who sustained a neck and right shoulder injury while transferring a non-ambulatory patient on July 13, 2003. The employee was determined to have permanent and total disability with indeterminate compensation payable, and the court approved the attorney's fees as fair and reasonable.

neck and shoulder6,755 words

Ford v. Ameren UE(2007)

October 29, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Ronald Ford's bilateral carpal tunnel syndrome contracted on June 30, 2004, while employed by Ameren UE. The claimant was awarded permanent partial disability compensation of 17.5% for each wrist with a 10% multiplicity factor, along with medical expense coverage under a hold harmless agreement.

carpal tunnel3,182 words

Hagan v. Christian Hospital NE NW(2007)

October 29, 2007

affirmed

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Wendy Hagan, finding that her neck, arm, and hand conditions (including carpal tunnel syndrome and cervical spondylitic radiopathy) were not caused by her keystroke and other work duties. Medical expert Dr. Goldfarb testified that employee's multiple inflammatory conditions, cervical spine disease, and obesity were more likely risk factors than her job duties, and her symptoms did not improve even during extended time away from work.

carpal tunnel1,966 words

Bock v. Broadway Ford Truck Sales, Inc.(2007)

October 29, 2007

modified

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award allowing workers' compensation for Charles W. Bock's work-related back injury and occupational disease sustained on April 23, 1998. The decision addresses medical necessity, causal relationship to the work injury, medical expenses, and permanent partial disability benefits following remand from the Missouri Court of Appeals.

back23,312 words

Maxwell v. Hogan Transports, Inc.(2007)

October 18, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to David Maxwell for a cervical spine injury sustained on August 25, 2003, when his truck struck a Department of Transportation vehicle on Interstate 44 in Crawford County, Missouri. The employee was awarded compensation for temporary total disability, permanent partial disability of 25% of the body as a whole, and necessary medical treatment.

neck/cervical spine8,235 words

Talbert v. Curators of University of Missouri(2007)

October 18, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for an employee injured on July 17, 2003, while performing work involving concrete cutting and hammering. One member filed a separate opinion concurring in part and dissenting in part, disagreeing with the allowance of permanent partial disability benefits for bilateral shoulder impingement syndrome, arguing the injury was not work-related.

back6,964 words

Strait v. GDX Automotive(2007)

October 17, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Deborah J. Strait for an alleged occupational disease affecting her knees. A dissenting opinion argued the employee met her burden of proof by establishing exposure to repetitive climbing, bending, kneeling, stooping and squatting that exceeded public exposure and was linked to her bilateral chondromalacia and patellofemoral syndrome.

knee20,931 words

Cozart v. St. Louis Public Schools(2007)

October 10, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Earl Cozart for an alleged fall while taking inventory at work on August 11, 2003. The Commission found that the injury did not arise out of and in the course of employment, thus making it non-compensable under Missouri workers' compensation law.

back3,384 words

Akins v. Kansas City, Missouri School District(2007)

October 9, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation to employee Toni Akins for an injury occurring on March 19, 1996. The Commission found the award was supported by competent and substantial evidence and made in accordance with the Missouri Workers' Compensation Act.

266 words

Sullivan v. Holt House Construction(2007)

October 5, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to the widow of Carl Sullivan for a right shoulder injury sustained on December 20, 2002, while pulling out a fence post during his employment. The employee was awarded 58 weeks of permanent partial disability compensation totaling $19,726.96, with medical expenses of $21,638.27 already paid by the insurer.

shoulder2,258 words

Watson v. Ameristar Hotels and Resorts(2007)

October 5, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Dwight Watson for a low back injury sustained on October 16, 2000, while lifting chafing pans at his employer's hotel. The Commission approved permanent total disability benefits beginning July 13, 2005, and continuing for the claimant's lifetime, along with medical aid and temporary disability compensation already paid.

back3,800 words

Daugherty v. Honeywell FMT(2007)

October 4, 2007

affirmed

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Randy Daugherty's bilateral carpal tunnel syndrome sustained on October 19, 2005, arising from repetitive hand use in his employment. The claimant was awarded $23,365.12 in total compensation for a 15 percent permanent partial disability, plus temporary disability payments and disfigurement benefits.

carpal tunnel1,502 words

Milkert v. Union Electric Company(2007)

October 4, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to Thomas Milkert for an injury occurring on June 11, 2001, at Union Electric Company in St. Louis County, Missouri. Although the injury was found to be compensable under Chapter 287, no compensation was awarded in the case.

11,361 words

Fisher v. Midwest Floor Company(2007)

October 4, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Ronald Fisher for a right knee injury sustained on December 2, 2004, while working as a carpet layer. The award includes compensation for temporary total disability, permanent partial disability at 50% of the right knee, and past medical expenses totaling $46,144.53.

knee2,612 words

Faulkerson v. JW Aluminum/Alumax Foils(2007)

October 4, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits, finding that the injury did not arise out of and in the course of employment. No compensation was awarded to the claimant James Faulkerson.

1,876 words

James v. GGNSC Dexter LLC(2007)

September 25, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Brenda James for an alleged back injury on June 12, 2006. The Commission found that the employee failed to establish that an accident or occupational disease occurred that arose out of and in the course of employment.

back2,729 words

O'Neal v. Beltservice Corporation(2007)

September 25, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Ronald O'Neal for a right shoulder injury sustained on December 16, 2003, while making conveyor belts at Beltservice Corporation. The claimant was awarded compensation for permanent disability of 30% of the right shoulder, 5% body as a whole for psychiatric injury, and permanent total disability against the Second Injury Fund due to the combination of the primary injury and preexisting injuries.

shoulder5,199 words

Brown v. Onyx Waste(2007)

September 25, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that employee Ralph Brown's bilateral hand numbness and bilateral knee pain developed while performing job duties constituted a compensable occupational disease arising out of and in the course of employment. The award is temporary or partial in nature, with proceedings remaining open pending a final award.

occupational disease3,163 words