All Missouri workers' compensation decisions

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 Labor and Industrial Relations Commission modified the administrative law judge's award regarding average weekly wage, rate of compensation, and survivor benefits eligibility under Schoemehl. The Commission adopted the finding that the Second Injury Fund is liable for permanent total disability benefits while adjusting the compensation rate calculation based on credible wage statement evidence.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for Joseph Abt's occupational hearing loss in his left ear caused by industrial noise exposure. The employee was awarded $637.36 in permanent partial disability compensation at a rate of $433.58 per week, with the claim properly filed and all procedural requirements satisfied.

The Commission awarded permanent total disability benefits to Larry Abt from the Second Injury Fund, along with permanent partial disability benefits from his employer for injuries to his left lower extremity, ribs, and lumbar spine sustained in 2001. The award was issued in compliance with a Missouri Court of Appeals mandate requiring calculation of liability between the employer and Second Injury Fund, and included reimbursement for past medical expenses.

The Commission modified its prior award in compliance with the Missouri Court of Appeals remand order, establishing that the Second Injury Fund's liability for permanent total disability commenced December 6, 2005, and awarding permanent partial disability benefits of $38,968.24 for 124 weeks plus ongoing permanent total disability benefits. The employee was found to be permanently and totally disabled as a result of his 2001 primary injuries combined with pre-existing conditions.

The Commission modified the ALJ's award regarding Second Injury Fund liability, rejecting the ALJ's exclusion of certain preexisting disabilities from the calculation. The Commission clarified that preexisting conditions need not individually meet statutory thresholds to be considered in Second Injury Fund liability calculations when combined with a work injury.

The Missouri Court of Appeals reversed in part and remanded the Commission's March 2012 decision; the Commission on remand issued a Final Award allowing compensation for Larry Abt's January 15, 2001, work-related injury sustained when a locomotive he was operating collided with a truck. The employee sustained a degloving injury to his left calf, lower back injuries, and fractured ribs, with subsequent injuries to his left ankle and wrist, and was found employable at heavy workload demand level despite preexisting conditions.

The Commission affirmed the Administrative Law Judge's decision denying the employee's claim for permanent partial or permanent total disability benefits against the Second Injury Fund resulting from her October 2, 1999 injury. The Commission found that the employee failed to meet her burden of proof on the disability claim, though it addressed procedural issues regarding the admissibility of medical testimony.

The Commission affirmed the administrative law judge's award allowing workers' compensation for Joel Adams' work-related abdominal injury, including future medical care. The decision upheld the award based on competent and substantial evidence showing the employee suffers from near-constant severe abdominal pain requiring ongoing pain management medications prescribed by treating physicians.

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 Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Kenneth Adams (deceased, represented by Brenda Adams) for a low back injury sustained on May 30, 2002, while lifting heavy doors at McBride & Son Enterprises. The total compensation awarded was $141,877.87, including unpaid medical expenses, temporary total disability benefits, and permanent partial disability benefits of 30% of the body as a whole referable to the low back.

The Commission affirmed the administrative law judge's award denying compensation and finding the employee sustained only 5% permanent partial disability to the body as a whole from the October 20, 2004 injury, which did not trigger Second Injury Fund liability. The employee failed to establish permanent total disability, as the evidence did not support that she was unable to compete in the open labor market.

The Commission reversed the Administrative Law Judge's award of permanent partial disability and finding that the Second Injury Fund was liable for permanent total disability. The reversal centered on whether the employee's 2001 work-related injury to bilateral knees and low back constituted a qualifying preexisting disability under § 287.220.3, as the two body parts combined met only 60 weeks of disability rather than the required minimum of 50 weeks each.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for an employee who suffered a low back and femoral hernia injury when a tarp tore while attempting to cover a sand load on his trailer on February 17, 2003. The employee was awarded 12.5% permanent partial disability to the body as a whole, 50 weeks of permanent partial disability compensation at $340.12 per week, and additional temporary total disability compensation.

The Commission affirmed the ALJ's award of workers' compensation benefits to an employee who fell at work on December 31, 2009, sustaining injuries to her left arm, shoulder, hip, and back. The employee was awarded past medical expenses, temporary total disability benefits, permanent partial disability benefits, and disfigurement compensation.

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to the dependent son of Michael C. Agnew, who died from injuries sustained in a 25-foot fall from a roof on March 26, 1999. The dependent is entitled to weekly compensation of $562.67 for the lifetime of the deceased employee's dependent son, with a credit for overpayment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Gary Ahern for injuries resulting from a seizure-induced fall on February 14, 2006, based on the idiopathic cause exclusion under Missouri workers' compensation law. One commissioner dissented, arguing the fall arose out of and in the course of employment and the idiopathic exclusion should not apply.

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to the dependent of a deceased school bus driver (Joe Ainsworth) who died following a bus accident. The case involved disputed medical theories regarding whether the employee's death resulted from a compensable work-related injury or other causes.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Jon E. Akins for injuries sustained in a fall on August 1, 2004. Although the accident occurred during employment and proper notice was given, the claim was denied, resulting in no compensation or medical benefits being awarded.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation to employee Toni Akins for an injury occurring on March 19, 1996. The Commission found the award was supported by competent and substantial evidence and made in accordance with the Missouri Workers' Compensation Act.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Maria Alamo for a left hand injury caused by a drill puncture wound sustained on May 9, 2005, while employed by Adecco. The claimant was awarded compensation totaling $2,809.92 for 7.5% permanent disability and disfigurement benefits.

The Commission affirmed the Administrative Law Judge's decision denying compensation to Allen Alcorn for a back injury claimed to have occurred on April 14, 2006, while employed as a truck driver. The case involved a procedural dispute regarding retroactive application of a 2005 statutory amendment requiring written notice of occupational disease within 30 days of diagnosis.

The Commission reversed the administrative law judge's award of workers' compensation to Christina Alcorn, a paraprofessional educator who claimed a back injury sustained while lifting a seizing student from bleachers on November 11, 2003. The reversal was based on the employee's failure to provide written notice of the injury within thirty days as required by Missouri statute, with the Commission finding insufficient evidence that the employer was not prejudiced by the delayed notice.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that Mark Alcorn's back injury sustained while driving a dump truck at a road construction site on June 3, 2005, was compensable under Missouri workers' compensation law. The Commission determined all elements of compensability were satisfied and the claim was properly filed, awarding temporary total disability benefits and necessary medical expenses.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Roger Alford, finding that his alleged occupational disease of the back and knees did not arise out of and in the course of his employment. No benefits were awarded, and the case remains open for potential future proceedings.