All Decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying compensation to employee Linda Nowlin for an alleged injury on January 3, 2001, finding the claim barred due to lack of timely written notice. A dissenting opinion argued the administrative law judge erred by failing to consider exceptions to the written notice requirement and whether the employer had actual notice of the injury.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that employee Joni Dorsey sustained a compensable injury to her right lower extremity on December 13, 2003, arising out of and in the course of her employment at Moniteau Care Center. The Commission awarded temporary or partial disability benefits and unpaid medical expenses of $8,105.40, with the case kept open for further proceedings.

The Labor and Industrial Relations Commission modified the administrative law judge's award in this workers' compensation case involving Charles Curtis, who was injured on July 16, 2003, at Daimler-Chrysler Corporation in St. Louis County. The Commission reviewed the ALJ's award of 200 weeks of permanent partial disability and the determination that the employee was permanently totally disabled when the work injury was combined with pre-existing conditions.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits, finding that the employee failed to provide timely notice of the accident to the employer and did not demonstrate lack of prejudice or good cause for the delay. The Commission determined that the notice issue was dispositive and all other disputed issues regarding medical causal relationship and benefits were rendered moot.

The Commission modified the Administrative Law Judge's award by reversing the determination that the employee failed to prove the need for future medical treatment. The Commission awarded the employee future medical care and treatment for burn injuries to his bilateral upper extremities, finding competent medical testimony supported the reasonably probable need for ongoing pain management, neoprene support, and monitoring for potential scar cancer.

The Commission modified the ALJ's award, concluding that the employee was permanently and totally disabled when combining the primary lumbar spine injury with pre-existing disabilities, making the Second Injury Fund liable for lifetime benefits. The employee was awarded permanent total disability benefits commencing January 14, 2004, at $315.50 weekly for 60 weeks, then $662.55 weekly for life.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation to Rachel Roesler for a low back injury sustained while lifting a box on December 10, 2003. The employee was awarded 25% permanent partial disability of the body as a whole referable to the low back, with medical expenses of $13,598.31 paid by the insurer.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding a baseball pitcher's right elbow injury sustained on July 15, 1993, primarily to adjust attorney's fees. The Commission affirmed the compensability of the occupational disease claim and the underlying award while rejecting the cap on attorney's fees, allowing 25% of benefits awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Linda Lawson for plantar fasciitis of the left foot sustained on September 1, 2001, while employed by Ford Motor Company. The employee was awarded 20% permanent partial disability (15% for primary injury and 5% preexisting) with medical benefits and compensation at the rate of $628.90/$329.42 weekly.

The Commission modified the Administrative Law Judge's award, finding employee's testimony regarding a boom truck injury to his jaw on November 30, 1992 (or January 1993) to be not credible due to inconsistencies with medical records and the employee's own statements to hospital staff. The Commission concluded that employee did not sustain a compensable work-related injury based on the credible evidence of record.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits for James V. Aulbach's work-related right knee injury sustained on October 23, 1998, while installing channel iron into concrete floors. The employee was awarded 27.5% permanent partial disability benefits, with the Second Injury Fund providing permanent total disability benefits of $267.94 weekly differential for 44 weeks and thereafter $562.67 for the claimant's lifetime.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for Thomas Anderson's alleged lung injury from February 19, 1990. The Commission found that the injury did not arise out of and in the course of employment and therefore was not compensable under Missouri law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Velma Aaron for a right shoulder and thoracic injury sustained on April 1, 1999, while pulling a container at Lutheran Senior Services, Inc. The claimant was awarded $3,346.60 in total compensation for 5% permanent disability of the body as a whole related to the back and right shoulder.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to David Ullum for an alleged injury on May 30, 2003. The claim was denied because the employee was engaged in exempt farm labor, which is not covered under Missouri's workers' compensation law.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Christopher Hickman under two separate injury claims: bilateral carpal tunnel syndrome from repetitive work as an ironworker in 1999, and a low back injury from lifting in 2000. Both injuries were found to be compensable occupational injuries arising out of and in the course of employment with McCarthy Interface.

The Commission modified the administrative law judge's award, reducing the permanent partial disability rating for the left hand to 30% permanent partial disability of the left index finger at the proximal joint, while affirming awards for temporary total disability and disfigurement. The employee sustained injuries to multiple fingers and thumbs when his left hand was caught in a drill press while changing the bit on January 21, 2003.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to James Flannery for a low back injury sustained in a motor vehicle accident on July 9, 1999. The employee was awarded 40% permanent partial disability of the body as a whole referable to low back, plus additional disability percentages for depression, with compensation and medical benefits totaling over $119,000.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Joyce Battle for an alleged injury on December 27, 2001. The case was dismissed because no accident or occupational disease arising out of and in the course of employment was established.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Teresa Douglas, who sustained occupational disease injuries to both wrists from repetitive trimmer work on an assembly line. The claimant was awarded permanent partial disability benefits of 22.5% for each wrist, along with unpaid medical expenses and temporary disability compensation.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that employee Pamela Collier's exposure to asbestos at her employer's building constituted a compensable occupational disease. The Commission awarded temporary total disability benefits of $3,470.50 for 10 weeks and ordered payment of indemnified medical expenses, with the case remaining open for final determination.

The Missouri LIRC affirmed the administrative law judge's award in a workers' compensation case involving employee Catrice Moore and Parkwood Manor that was settled on October 3, 2005 for $6,880.50. The sole issue on appeal was the disputed attorney fee/lien of the employee's former attorney, with the administrative law judge's decision on this matter being upheld as supported by competent and substantial evidence.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation for Jacqueline Boyd's burn injuries sustained on October 21, 1997 while cooking at Sanford's Supper Club. The award covers unpaid medical expenses of $24,160.98 with liability assigned to the Second Injury Fund as the employer was uninsured.

The LIRC modified the Administrative Law Judge's award, finding that the October 14, 1997 injury resulted in permanent partial disability rather than permanent total disability standing alone. The Commission agreed with the employer/insurer that the combination of the primary injury and employee's preexisting disabilities resulted in permanent total disability, with liability shifting to the Second Injury Fund.

The Commission affirmed the Administrative Law Judge's award of compensation for Pamela Grammer's occupational injury to both wrists and hands sustained on December 18, 2002, from repetitive assembly work. The decision awarded permanent partial disability benefits of 17.5% for each hand, disfigurement compensation, and necessary medical aid totaling approximately $24,458.03.

The Commission modified the Administrative Law Judge's award regarding Second Injury Fund liability, affirming that the employee sustained permanent partial disability (not total disability) but correcting a miscalculation in the benefit amount. The corrected award is 22 weeks of compensation at $347.05 per week, rather than the 33 weeks originally awarded, based on proper calculation of combined disabilities.