All Decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding the workers' compensation claim compensable and arising out of employment on September 16, 2003. Benefits were awarded in this temporary or partial award, with proceedings kept open pending final determination.

The Commission affirmed the Administrative Law Judge's decision upholding medical bills submitted by Franciscan Health Systems, finding they were fair and reasonable charges. The employer failed to meet its burden of proof to demonstrate that the billed amounts exceeded usual and customary fees or were otherwise unreasonable.

The Labor and Industrial Relations Commission modified the award of the Associate Administrative Law Judge dated June 13, 2005, regarding a workers' compensation claim for a cervical spine injury sustained by Jack Carte on August 27, 1998. The Commission awarded permanent partial disability benefits of 40% of the body as a whole referable to the cervical spine, temporary total disability benefits, unpaid medical expenses, and future medical treatment for the cervical spine injury, with the Second Injury Fund liable for additional permanent partial disability benefits due to synergistic effect with pre-existing disabilities.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Tomislav Bosnjak for a low back injury sustained on May 11, 2001, while rotating and cleaning heavy molds at his employment. The employee was awarded 17½% permanent partial disability benefits, unpaid medical expenses of $18,010.44, and temporary total disability compensation.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in the death of Amanda Belkouch, finding that although she was employed by Missouri Clippers, Inc., her fatal motor vehicle accident while traveling to a voluntary recreational activity did not arise out of and in the course of her employment. No compensation was awarded to the widower dependent.

The Labor and Industrial Relations Commission reversed the administrative law judge's award of permanent total disability benefits from the Second Injury Fund, finding insufficient evidence of a pre-existing disability that constituted a hindrance to employment at the time of the work injury. The Commission determined that without proof of such a qualifying pre-existing condition, the employee's claim against the Second Injury Fund could not be sustained.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to David Trimmer for an alleged fall while stacking batteries on September 9, 2003. The Commission found that the injury was not proven to have arisen out of and in the course of employment, resulting in no compensation award.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Jeff Meacheam for a left knee injury sustained on February 17, 1992, when a boat was pushed into his knee while he was moving another boat out of the way of woodworking activities. The employee was awarded permanent total disability benefits and temporary disability compensation of $27,558.42, with necessary medical aid valued at $159,066.09.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Rama Hitchcock for injuries sustained in a motor vehicle accident on December 5, 2000. The claimant was awarded permanent total disability benefits beginning March 20, 2002, payable for life, along with medical expenses and temporary total disability underpayment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Dana Jones for an alleged February 13, 2002 workplace injury. The Commission found the denial supported by competent and substantial evidence, though a dissenting opinion argued the evidence of L4-5 disc herniation caused by the work accident warranted reversal and benefits.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Thomas Novak for a low back injury sustained on June 10, 2002, while repairing a die cast press at the employer's Hannibal, Missouri facility. The award includes unpaid medical expenses of $72,471.60, 144 weeks of temporary total disability compensation, and 70 weeks of permanent partial disability compensation for 17.5% permanent partial disability of the body as a whole.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Lana Cooper for a back injury alleged to have occurred on April 2, 2001, while lifting a patient. Although the injury was found to be compensable and work-related, no compensation was awarded due to findings that there was no permanent disability resulting from the accident.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award and decision on the issue of liability, finding it supported by competent and substantial evidence and in accordance with the Missouri Workers' Compensation Act. The award is temporary or partial in nature, with proceedings remaining open for a final award to be made.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for a right shoulder injury sustained on March 26, 2002, while loading linen bags. Although the injury was found to be compensable and arose out of employment, no permanent partial disability was determined and all temporary disability and medical benefits had already been paid or provided.

The Commission affirmed that employee's exposure to chemicals caused a pulmonary condition (asthma) and awarded permanent partial disability compensation. Following remand from the Missouri Supreme Court, the Commission modified the award regarding past medical expenses, determining employee's personal liability for certain medical bills and increasing overall compensation due to change of condition.

The Commission reversed the administrative law judge's award of death benefits to the widow of an employee who died from injuries sustained in a work-related motor vehicle accident after refusing life-saving blood transfusions based on religious beliefs. The Commission found that the employee's refusal to accept medical treatment was unreasonable under Missouri workers' compensation law, thereby relieving the employer of liability for the death.

The Commission modified the Administrative Law Judge's award regarding the beginning date for permanent total disability benefits from the Second Injury Fund, changing it from November 24, 2004 to June 16, 2001. The employee was awarded 100 weeks of permanent partial disability from the employer plus permanent total disability benefits from the Second Injury Fund payable at $52.41 weekly for 100 weeks, then $366.67 weekly for life.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Christopher Doerr for alleged repetitive trauma injuries from striking his head on equipment. The Commission found that the injury did not arise out of and in the course of employment and therefore was not compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Larilean Davis for an alleged injury on October 27, 2000. The Commission found that the injury did not arise out of and in the course of employment and was therefore not compensable under Missouri law.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Timothy Green for injuries sustained when he fell backwards into a concrete vault while pulling a water line on July 13, 2004. The claimant was found to have 15% permanent disability referable to the back and is entitled to permanent total disability benefits from the Second Injury Fund.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Virginia L. Neves for a low back injury sustained on April 19, 2002, while employed at Lewis County Nursing Home District. The employee was awarded 20% permanent partial disability of the body as a whole, along with unpaid medical expenses and temporary and permanent disability benefits.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Thomas Whalen for a slip and fall injury occurring on May 6, 1999 in his office environment. The employee was awarded 32 weeks of permanent partial disability (20% PPD of left lower extremity) totaling $9,431.36 in compensation.

The Commission reversed the administrative law judge's award of permanent total disability benefits from the Second Injury Fund, finding insufficient evidence that the employee had a pre-existing permanent disability that constituted a hindrance or obstacle to employment at the time of the work injury. The lack of competent and substantial evidence regarding the pre-existing disability condition rendered the Second Injury Fund claim unsuccessful.

The Commission affirmed the Administrative Law Judge's award finding the employee's left shoulder injury compensable under Missouri workers' compensation law, arising from an accident on January 11, 2005 while loading a water softener into a truck. The temporary partial award includes unpaid medical expenses of $296.65 with proceedings continued for future determination of additional benefits.

The Commission reversed the Administrative Law Judge's award of occupational disease benefits for deep vein thrombosis, concluding the employee contracted an ordinary disease of life rather than an occupational disease. The Commission found the employee failed to establish that his condition arose from a risk distinctly connected to his employment as a vulcanizer.