Filtered workers' comp decisions

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying compensation for a work-related occupational disease injury to the employee's left wrist, finding the claim was barred by a prior settlement for left shoulder disability. A dissenting opinion argued the prior settlement only covered the shoulder injury and that the employer's authorization of medical testing suggested the wrist injury was compensable, but the majority affirmed the denial.

The Labor and Industrial Relations Commission modified an administrative law judge's award regarding a January 23, 2015 work injury involving the employee's left shoulder and neck. The Commission affirmed the determination that the Second Injury Fund is liable for permanent total disability benefits beginning June 28, 2017, after the employee reached maximum medical improvement, with preexisting lumbar spine and pancreatitis conditions contributing to the overall disability.

The Commission affirmed the administrative law judge's award denying compensation to employee Billy Hood, finding that his workers' compensation claim was barred by the doctrine of election of remedies due to his prior settlement of a civil case. The employee was ordered to reimburse the Second Injury Fund $23,226.27 for past medical expenses paid on his behalf.

Following a Missouri Court of Appeals mandate reversing the Commission's initial decision, the Commission entered a final award granting permanent total disability (PTD) benefits to employee Alan Marberry for cervical spine injuries (35% PPD) and recurrent back pain (10% PPD). The Second Injury Fund is liable for PTD benefits beginning June 28, 2018, at a differential rate of $422.34 weekly for 180 weeks, then $886.92 weekly for life.

The Commission affirmed the ALJ's award denying workers' compensation benefits to employee Calvin D. Flemons for injuries sustained in a rear-end collision while operating a company-owned vehicle on January 10, 2017. The Commission found that the employee failed to prove the accident was the prevailing factor in causing the injury or that it arose from a risk related to employment rather than a hazard to which he would have been equally exposed in normal nonemployment life.

The Missouri Court of Appeals reversed the Labor and Industrial Relations Commission's denial of permanent total disability benefits for Mark Lynch, finding the Second Injury Fund liable for PTD benefits commencing August 1, 2011. The court remanded the case with instructions to award PTD benefits at a differential rate initially and then at the stipulated rate for the remainder of the employee's lifetime.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Kathryn Crowley for her work-related injury. The Commission found the award was supported by competent and substantial evidence and complied with Missouri Workers' Compensation Law, rejecting the employee's ten points of appeal including claims regarding wage calculation, temporary total disability benefits, and post-injury termination.

The Labor and Industrial Relations Commission affirmed the administrative law judge's awards for two workers' compensation injury cases (15-061022 and 16-024233) involving employee Linda Miller, finding the awards supported by competent and substantial evidence. The Commission found certain expert testimony credible, including Dr. David Brown, Dr. Michael Nogalski, vocational expert Benjamin Hughes, and treating physician Dr. Benjamin W. Verdine, while rejecting other expert opinions.

The Missouri Court of Appeals reversed the Commission's December 2020 award and remanded for reconsideration of whether the employee achieved permanent total disability status when combining her primary bilateral carpal tunnel injury with preexisting disabilities, including newly admitted vocational expert testimony and complete medical evaluation evidence. The Commission reconsidered the case on remand, admitting previously excluded vocational expert testimony documenting the employee's preexisting psychiatric disabilities (depression, PTSD, anxiety disorder) and modified its award accordingly.

The Commission reviewed an ALJ's decision on a 2013 workers' compensation claim involving multiple traumatic injuries and permanent partial disability claims against both the employer and the Second Injury Fund (SIF). The Commission found the ALJ failed to address employer liability before making determinations on SIF liability and denied the employee's request for remand, affirming the statutory requirements under section 287.330.3.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits in this case involving deceased employee William Hogan with injury date August 5, 2000. No compensation was awarded, and the decision was supported by competent and substantial evidence in accordance with Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's Temporary or Partial Award in a workers' compensation case for employee Cynthia Porter, finding the award supported by competent and substantial evidence. The Commission upheld the ALJ's determination that the claimant's diabetes was well-controlled, rejecting the employer/insurer's challenge to this medical finding.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying compensation to Carl Hanes for an alleged occupational disease from radiation exposure at the Department of Corrections. The Commission found the employee failed to provide proper notice and that the injury did not arise out of and in the course of employment, resulting in no benefits awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Elizabeth A. Steele for injuries sustained when a patient slammed his leg down on her head, neck, and shoulders while she was working as a critical care unit nurse. The Commission found the award was supported by competent and substantial evidence and determined the employee is entitled to permanent and total disability benefits.

The Commission affirmed the ALJ's award of 5% permanent partial disability of the body as a whole for Timothy R. McCann's June 1, 2018 work injury, finding Dr. Lennard's evaluation more credible than Dr. Koprivica's higher assessment. The Commission also determined that McCann is not permanently and totally disabled based on his employment history, work capacity evaluation, and ability to compete in the open labor market.

The Commission reversed the ALJ's award of permanent total disability (PTD) benefits from the Second Injury Fund, finding that while the employee sustained a 22.5% permanent partial disability of the right shoulder from the November 3, 2017 work injury, the PTD resulted from a combination of the primary injury and multiple preexisting disabilities including prior knee and ankle injuries. The Court denied SIF liability for PTD benefits because the employee's PTD was not solely attributable to the primary injury combined with preexisting disabilities exclusive of a compensable 1995 left knee injury.

The Commission affirmed the ALJ's award allowing workers' compensation, finding that the employee failed to establish that her July 17, 2014 work event constituted a new and distinct injury separate from her prior June 4, 2014 lifting injury. The employee's unimpeached testimony and expert evidence were deemed insufficient to meet the burden of persuasion required to establish a separate Second Injury Fund claim.