Filtered Decisions

The Commission reversed the Administrative Law Judge's decision denying Second Injury Fund liability for an employee who sustained a compensable repetitive trauma injury to her shoulders and neck on November 1, 2010, while working as a chicken processor. The reversal addressed whether the employee's pre-existing wrist and finger injuries qualified her for Second Injury Fund benefits under Missouri workers' compensation law.

The Commission affirmed the administrative law judge's award of permanent partial disability benefits to Earl Resinger for work-related tinnitus caused by noisy work conditions. The court upheld the sufficiency of a PhD audiologist's testimony to establish medical causation, finding it satisfied the employee's burden of proof despite employer arguments to the contrary.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of permanent partial or permanent total disability benefits from the Second Injury Fund, finding that the employee failed to meet his burden of proof regarding medical causation despite the Fund's stipulation of an on-the-job injury. The decision clarifies that while the Fund admitted an accident occurred on December 18, 2007 arising out of employment, the employee was required to establish that the accident was the prevailing factor in causing both the resulting medical condition and disability.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Makeyta Jones for a work-related injury to her shoulders, neck, and low back sustained on September 1, 2011, while assisting a resident at HCR Manor Care. The claimant was awarded 10 weeks of permanent partial disability compensation totaling $1,710.60, representing 2.5% permanent disability of the body as a whole.

The Commission affirmed the administrative law judge's award of compensation for an occupational disease claimed by the deceased employee's widow, rejecting the employer's argument that the employee failed to show unequal exposure to pathogens compared to the general public. The Court held that the statutory criteria for occupational disease compensability under § 287.067 RSMo do not require the "unequal exposure" standard applicable to injury-by-accident claims, as the legislature removed such language in a 2005 amendment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying compensation in this workers' compensation case involving a right wrist injury sustained by Carolyn Griffin on March 9, 1995. The Second Injury Fund was found not liable for disability benefits, and the employer had previously settled the claim for 70% permanent partial disability.

The Commission affirmed the administrative law judge's findings of a work-related injury to the left shoulder and cervical and lumbar spine, but reversed the finding that the employee was not permanently and totally disabled, determining the Second Injury Fund is liable for permanent total disability benefits. The parties settled all issues between the employer/insurer and employee on October 9, 2015, leaving only the Second Injury Fund liability question for Commission determination.

Following a reversal by the Missouri Court of Appeals, the Labor and Industrial Relations Commission dismissed the employee's workers' compensation claim as barred by res judicata. The Commission set aside its prior August 22, 2014 award and decision pursuant to the court's mandate.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Gregory Miller's injury sustained on October 31, 2002, when a chain released while loading cargo vans, causing him to fall on his right shoulder and back. The claimant was awarded permanent disability compensation of 25% for the right shoulder and 19.5% for the low back, with ongoing benefits paid by the Second Injury Fund.

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits, finding that although the employee sustained a work-related fall down stairs, no compensable injury resulted from the incident. The claim was denied in full with no compensation awarded for temporary or permanent disability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits for Scott Noblin's claimed work injury from lifting shingles on July 17, 2009. The Commission found the employee's medical expert failed to adequately distinguish between preexisting severe low back pain and injuries allegedly caused by the work accident, and failed to rule out an intervening injurious event in October 2009.

The Missouri Court of Appeals reversed the Commission's prior award, and on remand, the Commission awarded Ronald A. Lawrence II permanent total disability benefits from the Second Injury Fund beginning July 14, 2006. Benefits are payable at a differential rate of $321.85 weekly for 50 weeks, then $675.90 weekly for life, subject to a 25% attorney lien.

The Commission affirmed the administrative law judge's award of workers' compensation to employee Lisa Cook for right carpal tunnel syndrome caused by repetitive typing duties as a data entry worker. The decision found that the employee's occupational exposure to repetitive hand and finger movements was the prevailing factor in causing the carpal tunnel syndrome and resulting permanent partial disability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for an employee who developed bilateral carpal tunnel syndrome from repetitive typing duties. The Commission found that the employee's occupational exposure to repetitive flexor tendon movements from typing was the prevailing factor causing her left carpal tunnel syndrome and permanent partial disability.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award denying compensation to employee James Bowman in workers' compensation case No. 07-128481. The Commission disagreed with the judge's evidentiary ruling excluding medical reports and clarified that such reports are admissible under the statutory procedures outlined in § 287.210.7 RSMo.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Charlene K. Conlan's injuries sustained in an elevator malfunction incident on October 13, 2006. The employee suffered physical injuries to her head, neck, and left wrist, as well as Post-Traumatic Stress Disorder as a result of the work-related accident.

The Commission affirmed the administrative law judge's denial of workers' compensation benefits, finding that the employee failed to meet his burden of proof regarding medical causation for an alleged occupational disease claim involving cumulative trauma to the left shoulder. The employee's expert failed to sufficiently distinguish between effects of a prior 2003 shoulder injury and alleged new cumulative trauma, and was apparently unaware that the employee had changed job positions in 2009.

The Commission modified the Administrative Law Judge's award, finding that the work accident on June 21, 2011 was the prevailing factor in causing the employee's low back strain/sprain injury and related medical condition. The employee is entitled to compensation for past and future medical aid, temporary total disability benefits, and permanent partial disability benefits, with the Commission rejecting the employer's expert opinion that no permanent disability resulted.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for the employee's carpal tunnel syndrome and resultant conversion disorder, with future medical treatment remaining open for modification. The Commission clarified that while the employee's husband and daughter qualify as dependents for potential Schoemehl benefits, such benefits cannot be adjudicated while the employee is still living.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing compensation for an employee with preexisting hearing loss, rejecting the Second Injury Fund's argument that occupational hearing loss cannot constitute a disability affecting the body as a whole. The court found the decision consistent with controlling precedent in Pierson v. Treasurer of Missouri and determined that the 2005 amendments to the Workers' Compensation Law did not silently abrogate that holding.

The Commission affirmed the Administrative Law Judge's decision denying further compensation in this case, finding the injury to the right shoulder was compensable but settlement had already been reached. Kenneth D. Phillips received $79,521.92 in temporary disability and $154,352.73 in medical aid, with no additional compensation awarded.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Tony Dowling for asbestos exposure claimed to have occurred on May 1, 1999. The court determined that there was only an exposure to asbestos and not a compensable occupational disease under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent total disability benefits to William Palmer for a work-related left shoulder injury sustained on June 2, 2011, when he was pinned between a trash truck and a pole. The employer was ordered to pay weekly permanent total disability benefits of $432.18 for the remainder of the claimant's life.

The Labor and Industrial Relations Commission modified the administrative law judge's award in a workers' compensation case involving employee Michael Ard's October 15, 2010 work injury, determining a 65% permanent partial impairment of the body as a whole. The Commission also addressed dependent status and marital validity issues arising after the employee's death on September 14, 2013.

The Commission reversed the administrative law judge's decision and awarded compensation to employee James Wickam, finding that his primary occupational disease injury date was September 12, 2003 (not November 6, 2000) and that he established permanent total disability based on his carpal tunnel syndrome combined with preexisting conditions. The Second Injury Fund was found liable for permanent disability benefits.