Filtered workers' comp decisions

The Labor and Industrial Relations Commission reversed the administrative law judge's award that found the Second Injury Fund liable for permanent total disability benefits following an employee's January 3, 2014 workplace accident involving neck and arm injury. The Commission determined the administrative law judge erred in her application of law regarding Fund liability for the occupational disease claim.

The Labor and Industrial Relations Commission modified the administrative law judge's award, finding the employer and Second Injury Fund liable for permanent total disability benefits to employee Helen Baker for multiple work-related injuries sustained on February 14, 2011. The Commission adjusted the liability allocation between the employer and Second Injury Fund while maintaining the finding that employee is permanently and totally disabled.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Troy Barnes for bilateral carpal tunnel injuries sustained in November-December 2016. One commissioner dissented, arguing that the employee was permanently and totally disabled due to the combination of the carpal tunnel injuries and preexisting conditions, and should have been eligible for Second Injury Fund benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for William Beavers' December 24, 2007 work injury. One commissioner dissented, arguing the ALJ erred in denying past medical benefits for post-surgery treatment and temporary total disability during the rehabilitative period.

The Commission affirmed the Administrative Law Judge's award denying permanent total disability compensation to Sterling Bennett for his March 24, 2014 work injury, finding that his permanent partial disability (25% left hand, 5% body as a whole for ribs) did not meet the statutory requirements for Second Injury Fund liability. The expert opinions presented failed to establish that the combination of the primary injury and preexisting disabilities resulted in permanent total disability as required by Missouri law.

The Commission affirmed the Administrative Law Judge's award denying compensation in a workers' compensation case involving a right knee injury sustained by Sterling Bennett on August 14, 2013, while employed as a painter. Although the injury was found to be compensable and arose out of employment, no benefits were awarded in the final decision.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for Benjamin Branch's low back injury sustained on November 13, 2017, finding 14.5% permanent partial disability. A dissenting opinion disputed the disability percentage, arguing the evidence supported only 5% permanent partial disability rather than 14.5%.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of temporary or partial workers' compensation benefits for Edward Burns' left shoulder and neck injury sustained on November 29, 2017, when a lance slipped off a cart during repair work. The injury was found to be compensable under Missouri workers' compensation law, with medical expenses of $12,076.20 paid to date and the case kept open for further proceedings.

The Commission modified the Administrative Law Judge's award regarding Second Injury Fund liability in a workers' compensation case involving a back and left shoulder injury sustained on August 10, 2009. The decision addresses whether subsequent low back treatment was causally related to the primary injury and determines the extent of employer and Second Injury Fund liability for medical expenses and disability benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award granting workers' compensation to employee Gabina Castaneda, finding the award supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law. The decision also addressed procedural issues regarding the employer's appeal brief and the employee's motion for costs and attorney's fees.

The Commission reversed the administrative law judge's award granting permanent total disability benefits from the Second Injury Fund, holding that the Fund is not liable under the correct application of § 287.220.3 RSMo. The reversal addressed Second Injury Fund liability following a work-related left shoulder and elbow injury, with the AWJ's ruling on future medical care remaining final.

The Missouri Court of Appeals reversed the LIRC's prior decision and remanded the case with instructions to reinstate the administrative law judge's award of permanent total disability benefits to claimant Lisa Coffer for bilateral carpal tunnel syndrome. The Second Injury Fund was found liable for permanent total disability benefits commencing August 27, 2015, at the rate of $333.33 per week for the remainder of the employee's lifetime.

The LIRC affirmed the administrative law judge's denial of workers' compensation benefits, finding that the employee failed to prove her shoulder and hand conditions (rotator cuff tendinitis, impingement syndrome, and arthritis) were causally related to her work activities. Dr. Strege's credible expert medical opinion established that the employee's job activities were not the prevailing factor causing her conditions, and she had reached maximum medical treatment.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation to employee Shelly Dale for injuries sustained in a fall. The Commission dismissed the employee's application for review as failing to meet procedural requirements under Commission rule 8 CSR 20-3.030(3)(A) for insufficient specificity in identifying the issues contested.

The Commission affirmed the administrative law judge's award denying the employee's Second Injury Fund claim for permanent total disability, finding that the employee failed to prove he had permanent partial disability attributable to preexisting cardiac and COPD conditions. The court credited medical testimony that the employee's cardiac and chronic obstructive pulmonary disease presented no pre-accident disabling symptoms that could form a basis for permanent disability benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for an employee's tinnitus claim related to noise exposure. A dissenting opinion argued the employee failed to establish medical causation between work-related noise exposure and tinnitus, as the underlying hearing loss was deemed non-compensable.

The Commission reversed the administrative law judge's decision and found the Second Injury Fund (SIF) liable for compensation in this case involving a preexisting condition of osteogenesis imperfecta. The employee sustained a compensable right knee injury on September 1, 2010, and the Commission determined that the preexisting condition constituted a hindrance or obstacle to employment for purposes of SIF liability.

The Commission reversed the Administrative Law Judge's denial of the employee's workers' compensation claim, finding that the employee's March 9, 2007 fall while handling dairy milk cases at work was the prevailing factor in causing her lumbar spine injury. The case involved determining the Second Injury Fund's liability for permanent total disability benefits related to the employee's back injury and pre-existing degenerative spine condition.

The Missouri Court of Appeals Western District reversed the Commission's award finding the Second Injury Fund liable for permanent total disability benefits and remanded the case for reconsideration of preexisting conditions under § 287.220.3. The Commission was directed to determine which preexisting disabilities met the fifty-week minimum threshold and whether they directly aggravated the October 30, 2015 work-related injury.

The Commission modified the administrative law judge's award regarding a work-related occupational disease (L4-5 disc herniation) sustained by Jeffrey Dudley while employed at Chrysler LLC on July 10, 2008. The decision addressed the prevailing factor causing the injury, employer's liability for past medical expenses, and the Second Injury Fund's liability.

The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for a recurrent disc herniation at L5-S1, finding that the employee failed to establish work duties as the prevailing factor in causing the injury. The court found Dr. Coyle's medical opinions unpersuasive, noting his 2017 deposition testimony contradicted his earlier written opinions regarding causation.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying compensation in a workers' compensation case involving a low back injury sustained while loading baggage. Although the injury was found to be compensable and arose out of employment, no benefits were awarded due to the determination that the injury resulted in only 3.5% permanent disability to the body as a whole.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of compensation, finding that the employee failed to prove permanent total disability resulted from the combination of hearing loss and preexisting conditions sufficient to establish Second Injury Fund liability. The decision addresses the application of amended statutory provisions effective January 1, 2014, requiring specific criteria for Second Injury Fund claims involving occupational disease injuries.

The Labor and Industrial Relations Commission reversed the administrative law judge's decision denying permanent partial disability for a low back injury (DOI 5/17/12), finding that the record contained additional support for establishing a disability rating for this primary injury. The Commission found the employee had established sufficient evidence of permanent partial disability attributable to the primary injury, contrary to the judge's conclusion that the employee failed to meet the burden of proof.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Jimmy Fields for a left lower back injury sustained while lifting luggage on August 17, 2011. Although the injury was found to be compensable and work-related, no compensation was awarded despite documented medical treatment costs and temporary disability payments already made.