OTT LAW

All Decisions

2,619 decisions in the archive

Webb v. Ferguson Machine Co., c/o Industrial Motion Control(2007)

August 15, 2007

affirmed

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Barry Webb for a low back injury sustained on July 27, 1999, while operating a machine. The employee was found to have permanent total disability due to the combination of the primary injury (35% PPD of the body as a whole) and preexisting conditions.

back3,976 words

Panhorst v. Metalcraft Enterprises, Inc.(2007)

August 14, 2007

affirmed

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Joan Panhorst for an alleged mental injury. The case was denied because the alleged injury did not arise out of and in the course of employment as required under Missouri workers' compensation law.

occupational disease35,744 words

Hagan v. Western Waterproofing(2007)

August 14, 2007

affirmed

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Donald Hagan's occupational disease (dust inhalation) contracted on September 15, 1998 while operating a jackhammer. The employee was awarded permanent total disability benefits and compensation for temporary disability and past medical expenses.

occupational disease4,344 words

Cardwell v. Schnucks Markets, Inc.(2007)

August 10, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Linda Cardwell for a work-related fall injury on May 31, 2001, that resulted in low back injury requiring surgery and psychiatric complications. The claimant was found to have sustained a compensable occupational injury with permanent disability of 15% of body as a whole for low back injury and 12.5% for psychiatric injury.

back12,495 words

Belmar v. Dial Corporation(2007)

August 10, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Laura Belmar for a fall on stairs at work on December 31, 1996. Although the injury was found to be compensable and work-related, no compensation was awarded in the final decision.

fall5,410 words

Allen v. Western Carriers Transport (Open)(2007)

August 10, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to truck driver Robert Allen for injuries sustained in a motor vehicle accident on July 6, 1999, finding that while an accident occurred during employment, no compensation was warranted. The claimant sustained injuries to the left femur and left hip but received no temporary disability, permanent disability, or medical benefits from the employer or insurer.

motor vehicle accident5,127 words

Jones v. Compton Roofing Co., Inc.(2007)

August 10, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Michael Jones for lumbar spinal stenosis aggravated through thirty years of roofing work. The claimant was awarded 60 weeks of permanent partial disability compensation at $566.45 weekly, with the Second Injury Fund liable for permanent total disability benefits.

occupational disease4,854 words

Simmons v. Durham School Services(2007)

August 10, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to employee Bernice Simmons for an injury occurring on October 1, 2004, in Kansas City, Jackson County, Missouri. The Commission found the award was supported by competent and substantial evidence and complied with the Missouri Workers' Compensation Act.

297 words

Blackburn v. J & J Steel, Inc.(2007)

August 2, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation to employee John Blackburn for a claimed cervical spine injury from a July 30, 2002 accident at J & J Steel, Inc. However, a dissenting opinion argued the ALJ overstepped her authority by finding the employee's testimony incredible and that medical testimony was required to establish the injury claim.

cervical spine3,195 words

Argast v. The Young Group(2007)

August 2, 2007

affirmed

The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits, finding that the employee's cervical spine injury from May 21, 2001 was compensable but did not warrant permanent total disability. The Second Injury Fund was not liable as the employee had no pre-existing disabilities that combined with the work injury to create permanent total disability.

cervical spine10,213 words

Griffin v. Gates Corporation d/b/a Gates Rubber(2007)

August 1, 2007

affirmed

The Commission affirmed the administrative law judge's award allowing workers' compensation for Albert Griffin's work-related right shoulder injury sustained on September 20, 2005, while pulling a hose. The claimant was awarded 58 weeks of compensation at $343.73 per week totaling $19,936.34 for 25% permanent partial disability to the right shoulder, plus medical expenses of $20,788.30 already paid.

shoulder2,379 words

Willis v. Missouri Department of Transportation(2007)

July 31, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Robin Willis for a low back injury sustained on March 18, 2004, when she was struck from the rear while operating an employer truck. The claimant was awarded 30 weeks of permanent partial disability compensation totaling $10,411.50 for 7.5% permanent disability of the body as a whole referable to the low back.

back1,256 words

Carter v. Lemay Concrete Block Co.(2007)

July 31, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits despite finding the injury compensable under Chapter 287. Although the claimant sustained a right shoulder injury when his jacket became caught in machinery on March 11, 2005, no compensation was awarded in the final determination.

shoulder10,027 words

Schlosser v. Aerotek, LaPorte Pigments, Inc.(2007)

July 27, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for Vickie Schlosser's alleged chemical exposure claim dated February 9, 2000. The Commission found that the employee was not in employment at the time of the alleged incident and that the incident did not arise out of or in the course of employment.

occupational disease1,652 words

Grisham v. Mississippi Lime Company(2007)

July 27, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to employee Marjorie Grisham for an alleged back injury sustained on April 25, 2003, finding insufficient evidence of accident and medical causation. A dissenting opinion argued the employee met the burden of proof regarding a back injury sustained while carrying a fifty-pound bag of fertilizer.

back3,018 words

Houston v. Normandy Nursing Center(2007)

July 26, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation to employee Vivian Houston for a work-related shoulder injury sustained on August 29, 2003. A dissenting opinion argued the decision should be modified to include an award of past medical expenses, as the employee was penalized for seeking treatment after an employer-referred doctor concluded the injury was not work-related.

shoulder4,040 words

Doerr v. Teton Transportation, Inc.(2007)

July 26, 2007

modified

The Labor and Industrial Relations Commission modified the administrative law judge's award, affirming past medical expenses and temporary total disability benefits but reversing the award of costs under section 287.560 RSMo. The Commission found that the employer had reasonable grounds to defend the case based on the employee's deviation from the prescribed route and potential notice deficiency.

1,331 words

Nolan v. DeGussa Admixtures Inc.(2007)

July 26, 2007

modified

The Commission modified the administrative law judge's award, allowing workers' compensation benefits for an employee who died from injuries sustained in a vehicle accident while traveling between customer locations. The employee's dependents received death benefits, disfigurement compensation, and past medical expenses, with a 15% reduction applied under statutory guidelines.

occupational accident4,109 words

Tayborn v. St. Louis Board of Police Commissioners(2007)

July 26, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Gregory R. Tayborn, a police officer injured on September 13, 2002. The case involved a dispute over whether the employee's permanent and total disability resulted from the work injury alone or a combination of the work injury and preexisting mental health conditions, with the majority finding the work incident was the primary cause.

occupational disease2,350 words

Bradshaw v. Ree's Contract Service(2007)

July 25, 2007

reversed

The Commission reversed the administrative law judge's decision that denied Second Injury Fund liability, finding that the employee's February 2002 cervical spine injury alone did not cause permanent total disability. The employee, a tree climber, suffered a neck injury requiring anterior cervical fusion and subsequently developed psychiatric conditions, with disputes over causation and the Second Injury Fund's responsibility.

neck7,232 words

Werner-Leible v. Le Lu Metalcraft(2007)

July 25, 2007

modified

The Missouri LIRC modified the administrative law judge's award, finding that the employee is permanently and totally disabled due to the combination of her work-related back injury and pre-existing disabilities (including fibromyalgia), rather than the work injury alone, thus triggering Second Injury Fund liability. The Commission affirmed all other findings regarding medical causation and entitlement to future medical care for the knees and back.

back4,730 words

Hurn v. Schoen Equipment, Inc.(2007)

July 25, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for an employee who suffered a left knee injury after falling approximately 6 feet from a ladder while painting. The employee was awarded compensation for unpaid medical expenses of $31,555.29, temporary disability benefits of $840.00, and permanent partial disability benefits of $1,120.00, totaling $33,515.29.

knee4,747 words

Hanneken v. Storage USA(2007)

July 23, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for the fatal gunshot wound suffered by employee Chris A. Hanneken while at work on June 2, 2004. The dependent daughter, Madelynn Christine Hanneken, was approved to receive compensation benefits as the injury arose out of and in the course of employment.

fatal gunshot wound3,467 words

Pharris v. Banta Foods, Inc.(2007)

July 20, 2007

affirmed

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to the widower of Linda Pharris for an occupational disease injury to her lungs and eyes sustained on September 20, 1996, when debris was thrown on her while performing paperwork. The employee received 104 weeks of permanent partial disability for eye injury and 40 weeks for asthma exacerbation, with total compensation of $25,920.00.

occupational disease3,316 words

Michael v. Ameren UE(2007)

July 20, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for William Michael's occupational knee injury sustained on May 1, 2003 while pole climbing, kneeling, and squatting for Ameren UE. The claim was found compensable under Missouri law with permanent total disability benefits payable against the Second Injury Fund.

knee1,692 words