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Thompson v. CSI Commercial Services, Inc.(2023)
February 14, 2023#10-087819
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Theresa Thompson for a low back injury sustained on July 20, 2010 while lifting and shelving copper coils. The claimant was entitled to temporary total disability benefits, permanent partial disability compensation, and medical aid totaling over $223,000, with additional underpayment and back pay amounts owed.
Sublett v. City of Columbia(2023)
February 3, 2023#18-022177
The Commission reversed the ALJ's decision denying permanent total disability (PTD) benefits from the Second Injury Fund for an employee who sustained a compensable work-related cervical spine injury on February 28, 2018, and subsequently underwent surgery at C5-6 and C6-7. The employee settled his claim against the employer for 15% permanent partial disability of the body as a whole referable to the cervical spine and has been unable to work since May 2018.
Kurbursky v. Independent In-Home Services, LLC(2023)
February 3, 2023#12-062235
The Commission modified its prior award regarding permanent partial disability benefits calculation following a court mandate to recalculate based on full-time worker standards. The employer is now liable for $16,320.00 in permanent partial disability benefits at a rate of $204.00 per week for 80 weeks, with the Second Injury Fund liable for an additional $9,424.80 in enhanced benefits.
Brown v. Noranda Aluminum, Inc.(2023)
February 3, 2023#16-027102
The Labor and Industrial Relations Commission affirmed the administrative law judge's award granting permanent total disability compensation to Donald Brown for his work-related injuries to his back and left elbow. The Commission rejected the Second Injury Fund's argument that an anxiety disability should be considered in the PTD determination, finding that non-qualifying psychiatric disabilities need not be factored into the analysis.
Kurbursky v. Independent In-Home Services, LLC(2023)
February 2, 2023#12-062235
The Commission modified its prior award regarding permanent partial disability benefits calculation following a Missouri Court of Appeals mandate. The case was remanded to recalculate benefits based on stipulated facts establishing a full-time employee work week of 40 hours and the employee's average weekly wage of $306.00, resulting in enhanced permanent partial disability benefits of $9,424.80 from the Second Injury Fund.
Battles v. Heptacore Inc./Bloomsdale Excavating(2023)
February 2, 2023#16-082564
The Commission modified the ALJ's award to allow compensation for unpaid past medical expenses for employee Rodney Battles, who sustained a work-related back injury on October 5, 2016, requiring two back surgeries. The decision clarifies that an employer's duty to provide statutorily-required medical aid is absolute and unqualified under Missouri workers' compensation law.
Collins v. Century Ready Mix, Inc.(2023)
February 2, 2023#18-111662
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Jason L. Collins' occupational disease claim involving cumulative trauma to his back and right lower extremity sustained while employed as a truck driver/laborer. The Commission rejected the employer's argument that an untimely answer resulted in admission of all facts including legal conclusions about whether the injury arose out of employment.
O'Brien v. The Language Tree(2023)
January 19, 2023#19-059371
The LIRC affirmed the administrative law judge's denial of the employee's workers' compensation claim for a January 18, 2019 work injury to his left elbow. The employee's testimony regarding the alleged work accident lacked credibility due to inconsistencies and failure to identify a specific time and place of occurrence as required by Missouri law.
Cox v. Doe Run Company(2023)
January 17, 2023#19-108693
The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Brian Cox, finding no compensable occupational disease or accident under Missouri law. The case involved disputed causation regarding whether Cox's carpal tunnel syndrome arose from his employment duties at the smelter or loading dock positions.
Lanier v. City of Columbia(2023)
January 13, 2023#17-092725
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Lance Lanier for an injury sustained on December 1, 2017, finding that the work accident was not the prevailing factor in causing his medical condition and disability. The Commission held that the employee failed to meet his burden of proof that the injury arose out of and in the course of employment as required under Missouri law.