Filtered Decisions

The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for Sandra Juhl's slip and fall injury that occurred on September 28, 2005 while mopping. Although the injury arose out of and in the course of employment, no compensation was awarded because the claim was not filed within the time required by Missouri law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to custodian Wendy L. Fry for a low back injury sustained on October 2, 2006, while emptying a trash barrel. The claimant was awarded 25% permanent partial disability benefits totaling $52,504.36, including unpaid medical expenses, temporary disability compensation, and permanent partial disability payments.

The Missouri LIRC affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to Richard A. Fuller for a torn left bicep tendon sustained on October 9, 2007, because he failed to provide written notice of the injury within 30 days as required by statute. A dissenting opinion argued the notice requirement was applied too strictly given the employee's lack of sophistication about workers' compensation procedures and the employer's failure to properly notify him of the notice requirement.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for an alleged right shoulder injury claimed to have occurred on September 30, 2008 during lifting activities. The claim was denied because the alleged accident did not arise out of and in the course of employment, and no compensable injury was established under Missouri law.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits despite finding the employee sustained compensable low back and lung injuries from repetitive work and chemical exposure. Although permanent partial disability was assessed at 12.5% for the back and 3.95% for the lungs, no compensation was awarded.

The Commission reversed the Administrative Law Judge's award of workers' compensation benefits to a nurse who contracted carpal tunnel syndrome, finding that the ALJ erred in holding Children's Mercy Hospital liable for an occupational disease claim. The Commission determined that liability in occupational disease cases depends on exposure to the hazard, not the date of accident, and that the last employer of exposure should bear responsibility.

The Commission affirmed the Administrative Law Judge's award allowing temporary workers' compensation benefits for an occupational disease/repetitive trauma injury. The Commission also clarified that the employee satisfied the statutory notice requirements under section 287.420 RSMo by filing a timely Claim for Compensation on July 24, 2006.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Taylor Poole for injuries sustained on April 27, 2002, when the employee tripped over forklift tines. The employee was awarded permanent partial disability compensation totaling $32,862.56 for injuries to both ankles, left wrist, and cervical spine.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Douglas E. Murray for a back injury sustained on February 4, 1998, while pulling on a stuck spade. The Commission approved permanent partial disability compensation of 17.5% of the body as a whole, along with underpaid temporary total disability benefits and medical expenses totaling $24,691.18.

The Commission reversed the Administrative Law Judge's decision that classified the employee as a domestic servant exempt from workers' compensation coverage. The employee, a Certified Nurse Aide providing medical care to a homebound patient with Parkinson's Disease, sustained a compensable back injury to the lumbar spine (6% permanent partial disability) when the patient's knees buckled while being transferred to a reclining chair.

The Commission reversed the Administrative Law Judge's dismissal of the employee's Second Injury Fund claim, finding that the ALJ erred in determining lack of subject matter jurisdiction. The employee, who had settled his claim against the employer for bilateral elbow injuries (35% right upper extremity and 30% left upper extremity permanent partial disability), proceeded against the Second Injury Fund and was entitled to have his claim substantively considered on remand.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award and decision regarding liability in this workers' compensation case. The award is temporary or partial in nature, with proceedings remaining open until a final award can be made.

The Commission reversed the Administrative Law Judge's decision and found that the employee's injuries from a coworker's assault arose out of and in the course of employment, as the assault resulted from work friction rather than being of neutral origin. The assault occurred when the coworker followed the employee home and attacked her after an altercation at work, making the claim compensable for temporary total disability, past medical expenses, and permanent partial disability benefits.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Woodrow Ward, who suffered a thoracic back, right wrist, and right shoulder injury after falling 15 feet from a rooftop on June 16, 2003. The claimant was awarded permanent partial disability compensation totaling $59,837.31 for injuries rated at 25% PPD of the thoracic spine, 22.5% PPD of the right shoulder, and 17.5% PPD of the right wrist.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to William Hockersmith for injuries sustained in a slip and fall accident on August 22, 2007 near Rolla, Missouri. The Commission approved permanent partial disability compensation totaling $13,908.18, past temporary total disability of $7,108.89, and unpaid medical expenses of $5,438.00.

The Commission reversed the administrative law judge's award of workers' compensation benefits to Jeremy Sanfilippo, finding that the employer was not liable because the accident occurred on private property not owned or controlled by the employer. The Commission applied strict construction to Missouri statute § 287.020.5, which abrogates employer liability for accidents on non-employer-controlled property.

The Commission reversed the Administrative Law Judge's denial of workers' compensation benefits and awarded compensation to the widow of Alan Leake, a firefighter who died following work-related activities on April 30, 2006. The Commission found that the employee's work activities responding to two motor vehicle accidents were the prevailing factor in causing his death.

The Commission modified the administrative law judge's award to include permanent partial psychiatric disability benefits of 5% of the body as a whole, finding that the employee sustained a compensable mental injury causally related to her work-related back injury. The employee was awarded an additional $4,295.00 in psychiatric disability compensation based on credible medical evidence establishing the connection between her back pain and adjustment disorder.

The Missouri Court of Appeals vacated the Commission's affirmation of the administrative law judge's denial of workers' compensation benefits, finding insufficient findings of fact and unclear legal reasoning regarding whether the March 31, 2002 injury arose out of and in the course of employment. The Commission reversed the administrative law judge's award on remand to provide proper findings and conclusions on the primary issue of whether the injury was work-related.

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Candace Fry, who alleged that her work operating a fry station caused injury to her right hand, wrist, and forearm. The Commission found that the alleged injury 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 award of workers' compensation benefits to employee Steve Rowens. The Commission found the award was supported by competent and substantial evidence and was issued in accordance with Missouri Workers' Compensation Law.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to James Taylor for injuries sustained on April 2, 2003, when he was knocked to the ground during an altercation with an inmate while performing his duties as a guard. The employee was awarded permanent and total disability benefits with ongoing medical care to be paid by the employer/insurer.

The Commission affirmed the administrative law judge's award on medical fee dispute, finding that St. Luke's Hospital's charges for emergency room treatment provided to Joseph Dougherty following his November 7, 2006 workplace injury were fair and reasonable. The dispute involved unpaid medical fees of $1,188.34 out of total charges of $3,256.00 billed for the emergency services.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Bonnie Olson for a right upper extremity injury sustained on July 20, 2005, when she was struck by a box dropped by a coworker at Bass Pro, Inc. The award includes permanent total disability benefits for the claimant's lifetime, temporary disability compensation already paid, and future medical treatment.

The Commission affirmed the Administrative Law Judge's award of workers' compensation for Julie Fink's occupational disease claim for carpal tunnel syndrome developed through typing duties on June 7, 2006. The award of $38,196.50 for 104.63 weeks of permanent partial disability (25% each wrist, 15% load, and 4 weeks disfigurement) was found to be supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.