Filtered Decisions

The Commission affirmed the Administrative Law Judge's award of workers' compensation to Charles Rothschild for injuries sustained on August 30, 1999, when he fell from a truck while removing a tree limb from the cab shield. The employee was awarded permanent partial disability benefits of 50% for right knee injury and 20% for left shoulder injury, along with medical expenses and temporary disability compensation totaling over $87,000.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for Alfred Bazile's bilateral carpal tunnel syndrome, finding it was not a result of his employment as a bus driver. The Commission rejected the employee's Application for Review and denied the employer's motion to dismiss, while correcting a typographical error in the Findings of Fact regarding nerve root study results.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for an employee who sustained a carpal tunnel injury to his right upper extremity while pounding on a truck door during employment. The employee was also found to have coronary artery disease and diabetes mellitus, with the Second Injury Fund owing permanent total disability benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits, finding that the alleged injury on October 6, 2001 did not arise out of and in the course of employment. No compensation was awarded to the claimant.

The LIRC modified the administrative law judge's award by reversing the $1,083.73 costs assessment against Havens Erectors, Inc., finding that § 287.560 RSMo does not authorize cost awards when a party fails to defend a claim, only when a claim is defended without reasonable ground. The Commission affirmed the allowance of attorney's fees and adopted the ALJ's findings and conclusions except as modified regarding the costs award and timeliness of the amended answer.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to firefighter Mark Hampton for injuries sustained while fighting a fire on January 5, 1999. The employee received a permanent partial disability award of $3,200.00 for 20 percent body as a whole disability affecting the head and cervical spine.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that James T. Johnson's occupational disease affecting both upper extremities, contracted through repetitive opening/closing of shuttle bus doors and baggage handling, was compensable under Missouri Workers' Compensation Act. This is a temporary award with proceedings kept open pending final determination of benefits and permanent disability assessment.

The Commission modified the Administrative Law Judge's award, finding the employee suffered a 40% permanent partial disability due to an occupationally-induced pulmonary condition and imposing Second Injury Fund liability for enhanced disability. The employee's appeal for permanent total disability status was considered under Missouri's legal standard requiring inability to return to any employment.

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits in a case where employee James Rybak suffered a right upper extremity injury (37.5% permanent disability of left arm at wrist level) after falling through a glass door while chasing a shoplifter on July 26, 2003. Although the injury was found to be compensable and work-related, no compensation was awarded as the case was settled.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Marixia Maldonado for injuries sustained on July 20, 2005, in Greene County, Missouri. The Commission found the ALJ's award was supported by competent and substantial evidence and in accordance with the Missouri Workers' Compensation Act.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for alleged tinnitus claimed to result from exposure to jackhammers and water demolition work. No compensation was awarded as the claim was found not to be compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Joseph Becherer's right groin injury sustained on September 16, 2002 while using a pipe wrench. The Commission found the injury compensable under Missouri law with permanent disability rated at 20% body as a whole for the groin injury and 4% for aggravation of pre-existing psychiatric condition.

The Commission affirmed the Administrative Law Judge's award finding the employee's shoulder and upper extremity injury compensable, modifying only the allocation of past medical expenses between insurers. The case was determined to be a temporary or partial award with proceedings kept open for potential further orders.

The Labor and Industrial Relations Commission modified the administrative law judge's award by affirming the finding of permanent and total disability and liability for past medical expenses, but reversed the doubling penalties under section 287.510. The Commission denied the employee's motion for costs on the frivolous appeal claim.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to employee Wentfred Helvey, finding that no compensable injury or occupational disease occurred. The alleged injury did not arise out of and in the course of employment, and no compensation or medical benefits were awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to John E. Downing for a shoulder injury sustained in a fall down stairs at a sand plant on October 27, 2000. No compensation was awarded in the case despite the injury arising out of and in the course of employment.