All Decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Joanne Wiggins for an alleged injury on January 13, 2003. 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 Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Annie Dicus for back injuries sustained in two separate accidents on August 20, 1996 (slip and fall while delivering pizza) and February 20, 1997 (motor vehicle accident while delivering newspapers). The employee was awarded 10% permanent disability of the body as a whole for each claim, with necessary medical aid to be paid by the employer-insurer.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to William Copeland for a lumbar spine injury sustained in a motor vehicle accident on August 13, 1997. The claimant was awarded 25% permanent partial disability, unpaid medical expenses of $178.36, future medical care authorization, and 100 weeks of permanent partial disability compensation totaling $27,842.00.

The Commission affirmed the Administrative Law Judge's decision holding Associated Wholesale Grocers Inc. liable for workers' compensation benefits for Harold Copeland's occupational disease claim of carpal tunnel syndrome, applying the 'last exposure rule' under Missouri law. The employee was last exposed to the hazard while employed at Associated in January 2000, even though he later filed his claim while working for Elite Logistics Inc.

The administrative law judge found that the claimant's alleged bilateral carpal tunnel syndrome did not constitute a compensable injury under Missouri workers' compensation law. No benefits were awarded and the claim was dismissed.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award determining that the employee's automobile accident occurring on April 7, 2004, during the course of employment was compensable under Missouri workers' compensation law. The decision is temporary or partial, with proceedings kept open for a final award to be made.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Wanda Crockett's occupational injury to her left wrist and thumb sustained while performing repetitive activities at Ford Motor Company on August 7, 2002. The Commission found the injury compensable under Missouri law with 25 percent permanent disability to the left wrist and approved the Second Injury Fund liability of $5,918.08.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to the widow of Fred Schoemehl for an injury sustained on May 11, 2001. A dissenting opinion argues the decision should be modified regarding the treatment of unaccrued compensation benefits after the employee's death on January 2, 2004.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Michael W. Scott for a right shoulder injury sustained on January 19, 2001, while lifting a battery changer for a forklift. The employee was awarded 10% permanent partial disability of the right upper extremity at the 232-week level, along with temporary total disability compensation and medical benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Jeanette Jones for an alleged psychiatric injury sustained while administering dialysis at Washington University on December 30, 2000. The Commission found that although an accident occurred, it did not arise out of and in the course of employment, making the injury non-compensable under Missouri workers' compensation law.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation for Penny Austin's occupational injury sustained on June 18, 1998 while performing repetitive work duties. The claimant was awarded 25% permanent partial disability benefits with a weekly compensation rate of $257.78, though future medical care and additional temporary total disability compensation were denied.

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to William Davis for a work-related back injury on October 17, 2002, finding no permanent disability despite the accident being work-related. A dissenting opinion argued the decision was erroneous because both medical experts testified employee sustained permanent disability, and substantial evidence showed a change in condition at L4/5 following the injury.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to employee John Connors for his April 25, 2000 workplace injury. One commissioner dissented regarding the denial of permanent total disability benefits, arguing the evidence established the employee's inability to return to any normal employment due to physician-imposed restrictions.

The Commission affirmed the Administrative Law Judge's award allowing $214.75 in unpaid emergency room costs for a work-related seizure suffered by a police officer while waiting to testify in court. The Commission also affirmed the denial of permanent partial disability benefits, finding that the employee sustained no physical injury and returned to full-duty status with no work limitations.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Mike Burks' left shoulder injury sustained on July 31, 2000, when he slipped while carrying an overhead hood at a Ford Motor Company facility in St. Louis County. The employee was awarded compensation for 7.5% permanent partial disability of the left shoulder, with necessary medical aid of $1,667.85 paid by the self-insured employer.

The Commission affirmed the administrative law judge's award of permanent partial disability as modified, but reversed awards for past and future medical expenses related to insoles due to insufficient competent and substantial evidence in the record. The Commission also reversed the denial of temporary total disability credit for overpayment.

The Missouri LIRC affirmed with modification the Administrative Law Judge's award of workers' compensation benefits to Robert Kasza for a low back injury sustained on October 16, 2002 while lifting a marble slab. The Commission increased the award to include an additional $298.05 for pain management services provided by BJC Health System, along with the previously awarded $3,584.00 for medical expenses.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying compensation to Elena Guerra for an alleged work injury on October 12, 2001. The Commission found the denial was supported by competent and substantial evidence and in accordance with the Missouri Workers' Compensation Act.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Raymond Nelson for a right shoulder injury sustained on November 30, 2001, while employed at ABB Power T & D Company. The award included temporary disability compensation, permanent partial disability benefits, and medical aid, with the Second Injury Fund contributing to permanent total disability benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Dan Whitt for injuries sustained in a fall from a silo platform on September 11, 1998. The claimant was determined to have permanent and total disability resulting from multiple injuries to his lower body and was awarded compensation for temporary disability, medical expenses, and ongoing benefits.

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Gary C. Shroder for a back injury allegedly sustained in June 2002 while placing baskets and steel forms at a construction site. Although a dissenting opinion argued the injury was compensable as an unexpected result of usual work duties, the majority found the evidence insufficient to support compensation despite the employee's testimony of acute onset symptoms and notification to his supervisor.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Scott Davis for a back injury sustained on January 28, 2000, while lifting patients at his employer's facility. The claimant was awarded permanent total disability status with compensation for temporary disability, medical expenses, and attorney's fees.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation to Garry W. Buescher for a brain injury sustained on October 25, 2000, rejecting the employer's request for a 15% reduction based on failure to wear a seatbelt. The majority found the employer failed to prove the employee's injuries were caused by willful failure to use the safety device, though a dissenting member disagreed with this determination.

The Labor and Industrial Relations Commission modified the administrative law judge's award declaring Billy Baker permanently and totally disabled from a work accident on August 18, 2000, correcting a clerical error regarding the date when temporary total disability benefits ended. The Commission affirmed the award in all other respects, including the assessment of liability against the Second Injury Fund and the approval of attorney's fees.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to employee Ajka Muminovic, finding that the alleged injury did not arise out of and in the course of employment. No compensation was awarded despite $6,752.52 in medical aid already paid by the insurer.