Filtered Decisions

The LIRC affirmed the ALJ's award allowing past and future medical compensation for Cynthia G. Null's work-related injuries sustained from a fall on ice in the employer's parking lot on December 24, 2012. The Commission rejected the employer's argument that the work injury must be the prevailing factor in causing the need for future medical treatment, finding that § 287.140 does not impose such a strict standard for medical benefits.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding the employee's average weekly wage stipulation and temporary total disability benefit rates. The Commission determined it is not bound by the parties' stipulation regarding average weekly wage in the hardship hearing context.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Thomas Pierson's left shoulder injury occurring on November 12, 2012. The Commission rejected collateral estoppel arguments based on a prior 1999 neck injury claim, finding the two injuries were distinct and separately adjudicable.

The Commission affirmed the ALJ's denial of workers' compensation benefits, finding the employee failed to prove he sustained an accident involving a chest wall strain from snow shoveling on February 5, 2014, due to credibility issues and inconsistent statements. The Commission further determined that even if an accident had occurred, the employee's medical condition was caused by preexisting non-work-related conditions rather than the alleged work incident.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Ricky Volner for alleged repetitive strain injuries to his bilateral hands and wrists. The court found that the injury did not arise out of and in the course of employment under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Jessica Timmer, finding that no compensable injury or occupational disease occurred. The Commission determined that the alleged injury did not arise out of and in the course of employment under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying the employee's Second Injury Fund claim, finding that the employee was not a covered worker under Missouri's Workers' Compensation Law because she was classified as an independent contractor rather than a statutory employee. The employee, a pick-up and delivery driver, sustained injuries in a motor vehicle accident on January 29, 2009, but failed to meet the statutory employment test under § 287.040.1 RSMo.

The Commission modified the administrative law judge's award regarding attorney's fees and costs for unreasonable defense under § 287.560, finding that issue not yet ripe for consideration. The Commission affirmed all other findings that the employee sustained a work-related injury on December 9, 2016, with left ankle and knee symptoms causally related to the accident, and that the employer is liable for medical treatment and temporary total disability benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation to Ruth Thompson for a work injury sustained on November 7, 2013, at Fulton State Hospital. Despite a dissenting opinion questioning whether the employee proved permanent total disability, the majority found the ALJ's award supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award and decision in favor of the employee Maury Weiner regarding workers' compensation. The Commission found that despite multiple prior injuries, the employee failed to prove permanent total disability as the evidence showed he was working full regular duty prior to his injury on March 7, 2012.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to employee Debbie A. Shanks for injuries allegedly sustained from an influenza vaccination administered on October 1, 2013. The employee failed to prove she sustained a compensable injury by accident arising out of her employment, and therefore no medical or temporary total disability benefits were awarded.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Rommae Hayes, finding the employee was not a covered worker under Missouri law. Although the parties stipulated to a work-related injury on June 26, 2013, the majority concluded Ginger C, LLC was not subject to the Workers' Compensation Law based on the employee's status as an independent contractor rather than an employee.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to James Wurth for a November 2008 work-related injury. The Commission found that the claimant was unemployable in the open labor market prior to the injury, which disqualifies him from Second Injury Fund permanent disability benefits under Missouri law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to the substituted claimant (Dustin Williams, on behalf of deceased employee Harold Williams). Medical evidence indicated that the employee's injuries to his back and knee reached maximum medical improvement by the end of 2001 with no further treatment needed.

The Commission reversed the administrative law judge's award of $2,773.86 in permanent partial disability benefits from the Second Injury Fund, finding that the employee's pre-existing left knee injury did not constitute a sufficient hindrance to employment or reach a disability substantially greater when combined with the primary elbow and shoulder injury. The employee, age 19, sustained a lateral epicondylitis of the right elbow and scapular winging of the right shoulder from a lifting injury in March 2008, and settled the primary claim for 22.5% permanent partial disability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that James K. Haag's back injury sustained on March 17, 2017 while lifting concrete was a compensable workers' compensation claim. The Commission awarded temporary total disability benefits of $618.43 per week beginning October 20, 2017, with medical costs and permanent disability determination to be made at a later date.

The Commission modified the ALJ's award, affirming that the employee, a welder, sustained a work-related back injury on March 22, 2012, resulting in 15% permanent partial disability and permanent total disability status. The Second Injury Fund was held liable for PTD benefits of $333.18 per week for life, with the Commission clarifying that the employee's PTD resulted from the combination of the primary work injury and preexisting disabilities, not the work injury alone.

The LIRC reversed the ALJ's award of permanent total disability benefits to employee Lucille Schoen for injuries sustained from Cypermethrin exposure on May 8, 2009, finding that the weight of evidence does not support permanent total disability status. The Commission determined that the employee's work exposure caused only transient bronchitis and temporary irritation, and that the incidental knee injury sustained in the physician's office on May 22, 2009, should not be combined with the primary work-related injury for disability assessment purposes.

The Commission affirmed the administrative law judge's award of workers' compensation to Linda Ford for a 2005 work-related back injury, with a supplemental opinion correcting a misstatement regarding medical record review. One dissenting opinion disagreed with the denial of future medical care, arguing that ongoing treatment remained necessary.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Linda Ford for occupational wrist injuries sustained on June 6, 2006, due to overuse from her work duties. The employee was awarded 17% permanent partial disability for each wrist with a 10% loading factor, and medical benefits of $17,020.37 were approved.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing permanent total disability compensation for Barbara Simmons following a January 13, 2012 work injury to her right shoulder at Mercy Hospital St. Louis. A dissenting opinion argued the employee failed to prove permanent total disability, contending she could compete in the open labor market despite her injury.

The Commission affirmed the administrative law judge's award denying workers' compensation benefits to Michael Densmore for a crushed middle finger on his left hand sustained on July 16, 2011. The case centered on whether Densmore was an employee or independent contractor at the time of injury, with the ALJ finding he failed to meet his burden of proof due to unfinal details in the work relationship.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to employee Lois McDowell for injuries sustained from catching a two-wheeled cart on a doorway and falling in the hospital parking garage. A dissenting opinion argued the injury was not causally connected to employment because the risk of falling was equally present in normal nonemployment life.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Rex Wilkerson, finding the award supported by competent and substantial evidence. The concurring opinion noted that while the injury is not covered under Missouri's workers' compensation law, a common law cause of action may be available to the employee as an alternative remedy.

The Commission reversed the Administrative Law Judge's award of permanent total disability benefits to an employee who claimed occupational hearing loss and tinnitus from industrial noise exposure. The Commission found the employee's claim against the Second Injury Fund was untimely and rejected the conclusion that work-related hearing loss combined with preexisting Parkinson's disease resulted in permanent total disability.