Filtered Decisions

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Donna DeShaney for a left shoulder injury sustained in April 1998 when a rack slipped during her routine job duties at MEMC Electronic Materials, Inc. The case involved permanent total disability against the Second Injury Fund with a weekly compensation rate of $240.00.

The Commission modified the administrative law judge's award, affirming 25% permanent partial disability to the right shoulder and 40% permanent partial disability to the body as a whole for the back, while reversing the finding that wrist injuries were a continuation of the June 4, 1998 accident. The employee's claims for medical causation of right shoulder and low back complaints arising from the 1998 work accident were upheld, but the determination that bilateral carpal tunnel from a 2000 occupational disease claim was a continuation of the 1998 injury was reversed.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Steve M. Salamone for an injury sustained on October 3, 2000. The Commission found the award 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 Michael Bennett for injuries sustained in a 15-20 foot fall onto a concrete floor on March 4, 2003. The employee was awarded 35% permanent partial disability of the body as a whole and permanent total disability benefits, along with temporary total disability compensation and medical aid reimbursement.

The Commission reversed the Administrative Law Judge's decision denying compensation, finding that the employee's wrist condition on September 22, 2000 was a compensable occupational disease injury rather than a continuation of a prior 1998 accident. The employee is entitled to benefits for permanent disability and related medical expenses as a result of the work-related injury.

The Labor and Industrial Relations Commission reversed the Administrative Law Judge's decision that denied the employee's claim against the Second Injury Fund as time-barred. The Commission found that the employee's November 2004 settlement with the employer/insurer constituted a claim against the Second Injury Fund, making the subsequent September 2005 filing timely under Missouri workers' compensation law.

The Missouri Commission modified the administrative law judge's award regarding Stanley Roberts' workers' compensation claim for injuries sustained on October 15, 2002. The Commission found Roberts sustained permanent partial disabilities including 40% to the lumbar spine, 15% to the cervical spine, and various percentages at the knees and elbow, with significant physical restrictions on work activities.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding the employee's injury to the face and head sustained while assembling a tree house on August 29, 2007, to be compensable under Missouri workers' compensation law. The Commission awarded unpaid medical expenses of $33,561.00, 10 weeks of temporary disability compensation at $400.00 per week, and ordered additional medical care, with the case remaining open for final determination.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding the employee's bilateral hand injury from March 25, 2005 to be a compensable occupational disease arising out of and in the course of employment. The Commission issued a temporary or partial award with a weekly compensation rate of $155.37 and continued proceedings for final determination.

The Commission affirmed the administrative law judge's decision awarding no workers' compensation benefits to Mike Crigger. The injury was found not to have arisen out of and in the course of employment because the employee was using a cutting torch on his personal vehicle when a fire started, rather than performing work for his employer.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Patsy Ellis for injuries sustained in a motor vehicle accident on December 10, 2004, while employed. The award includes unpaid medical expenses of $165,459.99, 121 weeks of temporary disability, 244 weeks of permanent partial disability, and future medical benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award in this workers' compensation case for a lower back injury sustained on September 4, 1996, when the employee was moving a bundle of slab doors. The injury was found to be compensable under Missouri law, with medical expenses already provided and no permanent disability determined.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for employee Nolan Tinnin for an occupational disease involving repetitive work activity affecting his cervical and lumbar spine, with 12.5% permanent partial disability awarded. The case involved the Second Injury Fund and was settled with the self-insured employer.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to the dependents of Travis Anderson, who died in a fatal automobile accident on July 19, 2003. The Commission found that the accident did not arise out of and in the course of employment, making it non-compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Arthur Brown for an alleged back injury sustained while pushing a cart onto an elevator. The Commission found the injury did not arise out of and in the course of employment under Missouri workers' compensation law.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Arthur Skidmore for an injury sustained on July 22, 2005, at Gilster Mary Lee Corporation. Although an accident occurred when the employee pulled a pin to release a trailer, it was determined not to constitute a compensable injury under Missouri law.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to the dependents of Timothy J. Gant, who died following a work-related slip and fall on ice on December 3, 2003. Although the accident arose out of and in the course of employment, no compensation was awarded as the injury was determined to be non-compensable under Missouri law.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Jerry Sheets for a low back injury sustained on May 2, 2005, when he fell while walking across ductwork while carrying equipment. The claimant was awarded permanent partial disability benefits of 37-1/2% for the body as a whole, with additional permanent total disability benefits payable by the Second Injury Fund.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Michael Doyle's low back injury and hernia sustained while lifting a package at work on January 9, 2004. The claimant was awarded 52 weeks of permanent partial disability compensation plus permanent total disability benefits against the Second Injury Fund due to the combination of the primary injury and preexisting conditions.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Kirk Porter for a repetitive strain injury to his right wrist and hand sustained on April 5, 2004, while employed by Johnson Controls, Inc. The employee was awarded 10% permanent partial disability of the right hand at the 175 week level plus unpaid medical expenses totaling $5,413.99.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to the surviving spouse of William Schroeder, finding lack of subject matter jurisdiction for a claim for continuation of permanent total disability benefits following the employee's death on November 29, 2005. No compensation was awarded in this case.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to James Hanks for an alleged injury on September 1, 2002, finding that the injury did not arise out of and in the course of employment. No compensation was awarded in this case.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Roosevelt Carter for a repetitive trauma occupational disease injury to the lumbar spine sustained through repetitive bouncing of a truck with a damaged seat. The employee was found to have permanent total disability and is entitled to compensation for temporary disability, medical expenses totaling $82,486.57, and ongoing permanent total disability benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision dated November 1, 2007, which awarded no compensation in this workers' compensation case. The Commission found that the award was supported by competent and substantial evidence and made in accordance with the Missouri Workers' Compensation Act.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits for Beverly Carney's alleged occupational disease (bilateral carpal tunnel syndrome) arising from her employment at Wal-Mart. The denial was upheld because the claimant failed to demonstrate that her employment was the prevailing or primary factor causing the condition, and under strict statutory construction, the Missouri Workers' Compensation Law does not provide benefits for occupational diseases.