Filtered Decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Carol Herrington for an occupational disease injury that arose out of her employment at Cedar Ridge Manor on June 10, 2008. The Commission rejected the employer/insurer's arguments regarding future medical care, finding that the employee's medical expert's credible opinion regarding the need for future treatment outweighed the treating physician's silence on the matter.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Judy Gunn for a right shoulder injury sustained on May 10, 2008, from repetitive use and lifting in the course of employment. The Second Injury Fund was found liable for 31.96 weeks of permanent partial disability totaling $12,433.72.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Thomas Cummiskey for a right knee injury sustained on June 4, 2010, while employed as a bricklayer and tuck-pointer. The injury, caused by leg-intensive repetitive duties including kneeling, squatting, and climbing, resulted in 25% permanent partial disability with the Second Injury Fund liable for $4,282.57 in compensation.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for John Clifton's occupational noise exposure injury resulting in bilateral hearing loss with 22.1% permanent partial disability. The Commission approved the allowance of attorney's fees and ordered compensation payments totaling $6,408.88, with the Second Injury Fund liable for 17.02 weeks of permanent partial disability.

The Commission affirmed the administrative law judge's award of permanent and total disability benefits to Carol Ballard following her slip and fall on grease at the employer's supermarket on August 19, 2008. The claimant is entitled to lifetime permanent total disability benefits beginning February 22, 2010, along with necessary medical treatment.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Allen Mills for a left shoulder injury sustained on September 6, 2005 while loosening a bolt at work. The claimant was awarded permanent total disability benefits, with the Second Injury Fund liable for ongoing weekly benefits of $696.97 for his lifetime.

The Missouri LIRC affirmed the Administrative Law Judge's award of permanent partial disability compensation to Kenneth Dixon for a left forearm injury sustained when struck by a backhoe on June 20, 2006. The Commission found the award supported by competent and substantial evidence, including liability of the Second Injury Fund for the synergistic effect of the work injury combined with pre-existing cardiac and cervical spine conditions.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Kim Fugate's cervical spine injury sustained on June 13, 2005 while employed at North Village Park, LLC. The claimant was awarded permanent total disability benefits and Second Injury Fund liability with weekly compensation of $234.72 beginning August 18, 2009.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to employee Jimmie Alston for a low back injury sustained on March 17, 2008, when he slipped in mud while carrying a ladder at work. The claimant was awarded 25% permanent partial disability benefits totaling $48,240.96 from both the employer/insurer and the Second Injury Fund.

The Labor and Industrial Relations Commission modified the administrative law judge's September 21, 2012 award in a workers' compensation case involving a right shoulder injury sustained on December 7, 2007. The modification added provisions for the employee's wife to receive Permanent Total Disability benefits if she remains married to the employee and he predeceases her, with entitlement ceasing upon her death or remarriage.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Kathleen Sikes for injuries sustained in a slip and fall accident on April 3, 2007, while taking out trash at her workplace. The employee was awarded compensation for permanent partial disability and medical expenses totaling $256,577.08, with the Second Injury Fund liable for permanent total disability benefits.

The Commission affirmed the administrative law judge's award allowing workers' compensation to Tammy Stroud for a low back injury, finding the award supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law. The employee's claim for permanent total disability was evaluated in light of credibility concerns regarding her testimony about her functional abilities, though her account of the accident itself was found credible.

The Commission affirmed the Administrative Law Judge's award finding that the employee's bilateral carpal tunnel syndrome resulting from repetitive work was a compensable occupational disease. This is a temporary or partial award with proceedings remaining open for final determination of permanent disability benefits.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to James Burke for a compensable occupational disease injury to his cervical spine. The decision rejected the Second Injury Fund's argument that occupational diseases are excluded from triggering Second Injury Fund liability.

The LIRC affirmed the administrative law judge's award allowing workers' compensation for Michael Coleman's bilateral carpal tunnel syndrome, rejecting the Second Injury Fund's argument that occupational diseases are excluded from the definition of compensable injury. The decision reaffirms consistent prior rulings and aligns with recent appellate court decisions on the same issue.

The Labor and Industrial Relations Commission modified the administrative law judge's award in this workers' compensation case involving a slip and fall injury sustained on May 5, 2008. The modification clarified that the claimant's spouse's entitlement to permanent total disability benefits is contingent upon remaining married to the claimant and is terminated upon death, remarriage, or divorce.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Jacob Morris's occupational carpal tunnel syndrome in his left wrist, contracted on October 1, 2008. The award provided 16.5% permanent partial disability compensation totaling $3,156.00 from the Second Injury Fund, with the employer's portion previously settled.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits for Kristine Gibbons, finding that her alleged low back injury while restraining a patient did not arise out of and in the course of employment. No compensation was awarded, and the Second Injury Fund claim was also denied due to the lack of a compensable primary injury.

The Commission modified the administrative law judge's decision in a workers' compensation case involving employee Fadil Music, who claimed aggravation of a preexisting personality disorder during treatment. The Commission reversed the finding that the Second Injury Fund was not liable and found the administrative law judge's decision contained misstatements of law and factual findings not supported by evidence.