Filtered Decisions

The Commission affirmed the Administrative Law Judge's award granting permanent and total disability benefits to Gary Gieck for bilateral knee injuries sustained on June 1, 2004, while employed at Ross Allen Floor Covering, Inc. The award included compensation for temporary disability already paid, necessary medical aid, and ongoing medical treatment for the bilateral knee injuries.

The Commission affirmed the administrative law judge's finding that the employee's bilateral carpal tunnel syndrome was an occupational disease caused by work at Harley-Davidson and is entitled to medical care and temporary total disability benefits. The Commission modified the decision only regarding the award of costs under § 287.560 RSMo.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to David Sanderson for a low back injury sustained on October 27, 2009, while loading cardboard into a baler. The employee was awarded 80 weeks of permanent partial disability benefits totaling $28,631.20 due to 20% permanent partial disability of the body as a whole.

The Commission affirmed the ALJ's denial of enhanced mesothelioma benefits to the dependents of deceased employee Vincent Hegger, finding that such benefits are triggered only by affirmative employer action to accept liability under the statute. An employer that ceased to exist prior to the January 1, 2014 effective date of the enhanced mesothelioma benefit statute could not have taken the requisite affirmative steps to accept such liability.

The Commission affirmed the administrative law judge's award allowing compensation for a work-related injury involving hair loss and minor head contusion, with 2% permanent partial disability awarded for the head. The employee's claim for spine injury-related benefits was denied as not medically causally related to the reported work accident.

The Missouri LIRC modified the administrative law judge's award regarding the commencement date of permanent total disability benefits from the Second Injury Fund, changing it from January 13, 2015 to May 29, 2015 per agreement of the parties. The Commission affirmed that an employee's entitlement to permanent disability benefits accrues upon reaching maximum medical improvement, consistent with controlling case law.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding the employee's average weekly wage and compensation rates for temporary total and permanent total disability benefits. The Commission affirmed the finding of 45% permanent partial disability and liability of the Second Injury Fund for permanent total disability benefits, while adjusting the compensation rate calculation methodology.

The Labor and Industrial Relations Commission modified the administrative law judge's award, changing the determination of permanent disability status and liability for future medical care based on expert medical testimony. The employee suffered a work-related spinal injury on November 13, 2012, resulting in post-laminectomy syndrome with functional restrictions on lifting and overhead work.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award on medical fee dispute regarding Timberlake Surgery Center's application for additional reimbursement of medical fees. The Commission found the award was supported by competent and substantial evidence and made in accordance with Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission modified the administrative law judge's award in this occupational disease case involving bilateral carpal tunnel syndrome and de Quervain's tenosynovitis claimed by a housekeeper. The Commission found that the employee's work activities were not the prevailing factor causing her conditions, and the employer was not required to furnish future medical treatment.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding unpaid past medical expenses for an employee who sustained injuries to both knees. The Commission affirmed the ALJ's findings on permanent partial disability and temporary total disability but reversed the denial of medical expense compensation.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Tim Johnson for a compensable occupational injury to his low back and right ankle sustained on December 19, 2012. The employer and insurer were ordered to pay $67,421.69 in permanent disability compensation, with the Second Injury Fund liable for an additional $35,635.94.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Clayton Hosmann for claimed cumulative trauma injury to his lower back. The court found the employee lacked credibility and that medical evidence demonstrated his back condition was an unrelated progressive immune-mediated disease rather than an occupational injury.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits, finding that the employee failed to establish an identifiable traumatic event or accident as required by Missouri law. The employee's credibility was undermined by multiple inconsistent statements regarding how the alleged neck injury occurred, with varying accounts including lifting, twisting, swerving, and backing up incidents.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for William Chad Head's occupational injury to his back and neck sustained on October 2, 2006, while lifting a concrete screen. The Second Injury Fund was ordered to provide permanent total disability benefits, with the employer and insurer having settled the claim.

The Commission affirmed the administrative law judge's award finding that employee Candy Myers sustained a compensable right knee injury on December 18, 2015, while unplugging computer cords at work. The claimant is entitled to medical care and weekly benefits, with the award remaining temporary pending final determination.

The Commission affirmed the Administrative Law Judge's award of temporary total disability benefits to Lisa Leech for a right shoulder/arm injury sustained on August 5, 2015 while lifting tubs at her workplace. The employee was awarded 70.86 weeks of temporary total disability compensation at $142.38 per week, with ongoing benefits continuing from the hearing date until she is no longer temporarily totally disabled.

The Commission modified the administrative law judge's award regarding the nature and extent of permanent disability and liability for future medical treatment in this shoulder and wrist injury case. The employee (Thomas Wann) was found to have sustained permanent partial disabilities of both shoulders and wrists, with the Commission reviewing disputed issues of permanent total disability, future medical care, and disfigurement.

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to Joseph Parr for a neck strain sustained in a motor vehicle accident while working as an OTR truck driver on February 16, 2008. Although the injury arose out of and in the course of employment, it was determined to be non-compensable under Missouri Workers' Compensation Law, with no temporary or permanent disability awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Martin Sanchez-Rivera for injuries sustained in a fall from approximately 25 feet while framing a window on July 16, 2010. The employee was awarded permanent total disability benefits with compensation at a rate of $291.68 per week.

The Commission modified the ALJ's award regarding the nature and extent of the employee's permanent disability in a workers' compensation case involving a foot fracture that resulted in life-threatening complications including deep vein thrombosis and pulmonary emboli. The employee, a 54-year-old lumber yard delivery driver, sought permanent total disability compensation due to disabling effects of post-phlebitic syndrome in his left lower extremity resulting from the January 4, 2010 injury.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Kenneth Jones's low back injury that occurred in the course of his employment with Harley Davidson Motor Company. The employee was found to be permanently and totally disabled as a result of the accident, with liability established for past medical expenses and future medical care.

The Labor and Industrial Relations Commission reversed the Administrative Law Judge's decision that denied all workers' compensation benefits based on alleged marijuana use and a drug-free workplace policy violation. The Commission found that the ALJ erred in concluding the employee violated employer policy, that marijuana use caused the workplace fall, and that benefit forfeiture applied to medical treatment costs.

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to employee Henry L. Chester for an alleged back injury claimed to have occurred on June 5, 2012, while lifting bags. The employee failed to prove that he sustained an accident or occupational disease arising out of and in the course of his employment with Sonoco Products Company.

The Missouri LIRC modified the ALJ's award, finding that a work accident on October 26, 2008, was the prevailing factor causing injury to the employee's lumbar spine and that subsequent surgeries (lumbar discectomy/fusion and cervical discectomy/fusion) were reasonably required. The employee was awarded permanent partial disability benefits totaling 120 weeks for the combined lumbar and cervical spine injuries, with the Second Injury Fund held liable for preexisting conditions.