All Missouri workers' compensation decisions

The Commission affirmed the Administrative Law Judge's award denying permanent total disability compensation to Sterling Bennett for his March 24, 2014 work injury, finding that his permanent partial disability (25% left hand, 5% body as a whole for ribs) did not meet the statutory requirements for Second Injury Fund liability. The expert opinions presented failed to establish that the combination of the primary injury and preexisting disabilities resulted in permanent total disability as required by Missouri law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to the estate of Lula Gray for an alleged left shoulder injury. The Commission found that while the employee was in the course of employment, the injury was not compensable under Missouri workers' compensation law, and no benefits were awarded.

The Commission affirmed the Administrative Law Judge's award denying compensation in a workers' compensation case involving a right knee injury sustained by Sterling Bennett on August 14, 2013, while employed as a painter. Although the injury was found to be compensable and arose out of employment, no benefits were awarded in the final decision.

The Commission modified the administrative law judge's award in a workers' compensation case involving Justin Kent's low back injury from December 4, 2008. The Commission modified findings regarding permanent total disability, payment of past medical bills, and temporary total disability benefits while affirming other aspects of the decision.

The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for mesothelioma claimed as an occupational disease arising from the employee's work as a hairdresser. The decision was based on finding that expert medical testimony denying occupational causation was more persuasive than contrary expert testimony supporting causation.

The Commission modified the administrative law judge's award, increasing the employee's average weekly wage calculation for a part-time healthcare worker beyond the 30-hour limitation previously applied. The case involved disputes over wage calculation methodology, liability for past medical expenses totaling $13,962.60, and future medical care coverage for a worker with 10% permanent partial disability.

The Commission reversed the Administrative Law Judge's decision denying workers' compensation benefits, finding that the employee provided sufficient notice to his employer of his right-hand trigger finger injury within the required timeframe. The employee, Wayne Terry, was entitled to compensation for his occupational disease (bilateral trigger fingers) despite initially not receiving treatment for his right hand until December 2016.

The Commission affirmed the administrative law judge's award of permanent partial disability compensation for bilateral carpal tunnel syndrome and cubital tunnel syndrome affecting the employee's hands, wrists, and elbows. The awarded disability percentages (ranging from 17% to 28.75% for various upper extremity levels) were found to be supported by competent and substantial evidence, despite being significantly higher than the employer's authorized physician's 4% assessment but lower than the employee's expert's findings.

The Commission affirmed the administrative law judge's award denying compensation to employee Marc Meng for occupational diseases (carpal tunnel syndrome, cubital tunnel syndrome, and thoracic outlet syndrome) sustained while working as a sheet metal worker. The decision applied the last exposure rule, finding that SystemAire, not Harke Heating and Air Conditioning Co., was the liable employer since it was the last employer in whose employment the employee was exposed to the hazards of these occupational diseases prior to evidence of disability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that Charles Bourrage's low back injury sustained on July 25, 2015 while pushing and pulling a heavy container was compensable under Missouri workers' compensation law. The award is temporary or partial in nature, with future medical treatment and temporary total disability benefits to be determined, and proceedings remain open for final determination.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Marc Meng, finding SystemAire as the liable employer under the last exposure rule for carpal tunnel syndrome, cubital tunnel syndrome, and thoracic outlet syndrome. These occupational diseases were found to be related and developed through the employee's work as a sheet metal worker, with first evidence of disability appearing during employment with SystemAire.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that employee Bin Gardner sustained a compensable cumulative occupational disease injury to the left wrist and hand arising out of performing multiple jobs throughout the employer's plant. The award is temporary or partial in nature with permanent disability status and future medical requirements remaining undetermined pending further proceedings.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of 20% permanent partial disability of the right upper extremity, 20% permanent partial disability of the left upper extremity, and $1,787.40 for disfigurement based on wrist scars. The Commission rejected the employer/insurer's argument that prior permanent partial disability from a 2002 injury should have been factored into the current award.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation to employee Thomas Fenwick for spine injuries sustained on April 28, 2015. The Commission found Dr. Volarich's medical opinion establishing causation of disability to the cervical, thoracic, and lumbar spine to be more persuasive than competing medical opinions.

The Missouri Court of Appeals affirmed in part and reversed in part the original LIRC award for Danny Harris. Following the Court's mandate, LIRC modified its prior decision to award 20% permanent partial disability of the body as a whole, totaling $26,477.60 in benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying compensation in this workers' compensation case involving a nurse who suffered a left upper extremity injury from a slip and fall in November 2013. The employee settled her claim for alleged permanent total disability in May 2017, but the Commission upheld the denial of compensation while providing supplemental guidance on the nature and extent of disability.

The Commission reversed the Administrative Law Judge's award of permanent total disability benefits from the Second Injury Fund for an employee with bilateral carpal tunnel syndrome and multiple pre-existing conditions. The reversal was based on the determination that the claim should be governed by § 287.220.3 RSMo rather than § 287.220.2 RSMo for occupational disease claims filed after January 1, 2014.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to employee Gina Beaman for a work-related injury involving her left hand and wrist. The Commission clarified that Dr. Wyrsch's opinion on medical causation was referenced in another physician's report and addressed disputes over permanent partial disability, unpaid medical expenses, and temporary total disability benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation to William Stratton, a police officer employed by the City of Odessa. The Commission also affirmed an award of costs and attorney's fees of $19,728.54 against the employer for defending the claim without reasonable grounds, while clarifying that only conduct during the proceedings—not pre-filing conduct—may justify such an award.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Rick Hunsaker for a January 24, 2011 injury when he was struck in the face by a chain boomer, despite finding the injury compensable under Chapter 287. The denial was based on failure to file the claim against the Second Injury Fund within the required timeframe.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Jerry Sample for an alleged neck injury sustained while delivering loaded rolltainers on January 2, 2017. The Commission found that the injury did not arise out of and in the course of employment, and therefore no compensation was awarded.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Sondra Denomy for a work-related injury. The decision upheld the ALJ's determination regarding causation and compensability of the claimant's right hip condition, despite a dissenting opinion and disputes over the extent of hip pain complaints documented in the medical record.

The Commission affirmed the administrative law judge's default award allowing workers' compensation to Charles Kinney for a repetitive trauma injury to his low back and legs sustained during employment with Dresser-Rand Company. Although the employer was not properly notified of the initial claim due to an incorrect address, the Commission found sufficient evidence of notice attempts and affirmed the default award.

The Commission reversed the administrative law judge's award, denying workers' compensation benefits to an installer who was injured when he choked on a breakfast sandwich while driving a company van. The Commission found the injury did not arise out of employment because the employee voluntarily chose to eat while driving in violation of company policy, exposing himself to a hazard unrelated to his job duties.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation to James Atchison, finding that preexisting disabilities need not be manifest prior to a work injury to trigger Second Injury Fund liability. The decision clarifies that an employee's preexisting condition can be asymptomatic and still constitute a hindrance to employment when combined with a subsequent compensable work injury.