Dean Christianson

The Commission reversed the Administrative Law Judge's award and denied the employee's claim against the Second Injury Fund for permanent partial disability benefits related to bilateral carpal tunnel syndrome and ulnar neuropathy. The Commission found that the employee failed to meet his burden of proving he had reached maximum medical improvement with regard to the primary injury, making the Second Injury Fund liability determination improper.

The Labor and Industrial Relations Commission modified the administrative law judge's award, finding that the Second Injury Fund's liability should be increased by including employee's preexisting conditions (hearing loss, tinnitus, vertigo, hernia, low back, and left shoulder) as hindrances to employment. The Commission determined specific permanent partial disability percentages for each preexisting condition and rejected the administrative law judge's unexplained conclusion that these conditions did not constitute obstacles to reemployment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Thomas Skornia for a left shoulder injury sustained on August 29, 2008, while employed as a sheet metal worker. The employee was found to have permanent total disability due to the combination of his shoulder injury and inability to return to his vocational occupation.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that claimant Monika Chrismer's bursitis/tendonitis in her right upper extremity, caused by manipulating a bus door on December 1, 2009, was a compensable occupational disease. The award is temporary or partial, with proceedings kept open for further determination of future medical expenses and Second Injury Fund liability.

The Commission affirmed the Administrative Law Judge's decision denying compensation to Eugene Brown for an occupational injury sustained on August 15, 2005 while moving a table at his workplace. Although the injury was deemed compensable under Missouri law, no permanent disability was found to warrant ongoing compensation beyond the temporary disability and medical benefits already paid.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Rick Powell for a left knee injury sustained on April 21, 2003, when he slipped on a screed machine at work. The award includes permanent partial disability compensation, permanent total disability benefits from the Second Injury Fund, and future medical treatment for the total knee replacement.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award regarding future medical care for employee Melvin Boyers, who suffered a left knee injury on August 26, 2005 when he slipped and fell while dragging a pole after a storm. The Commission affirmed the underlying compensability finding and adopted most of the ALJ's decision, while modifying the future medical care provision to ensure the employer/insurer provides all reasonably necessary future medical treatment.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Orville Caupp for a low back injury sustained on October 21, 2004, while lifting and moving boxes at American Airlines. The employee was awarded 20% permanent partial disability with 16 weeks of compensation payable from the Second Injury Fund totaling $5,664.80.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Charles Jones for a work-related injury sustained on September 12, 2005, during Hurricane Katrina recovery efforts when he was cut by a wire, resulting in the development of RSD (CRPS). The employee was determined to have permanent total disability with benefits including temporary total disability compensation of $49,183.64 and medical aid totaling $281,266.85.

The Commission modified the administrative law judge's December 2, 2009 award in a workers' compensation case involving a right shoulder injury sustained by journeyman lineman Jack Sanderson on January 14, 2004. The case addressed medical causation, past medical expenses, future medical care, temporary total disability, and permanent partial disability benefits, with the employee appealing the award of temporary total disability benefits and past medical expenses.

The Commission modified the administrative law judge's award, affirming findings that the employee's cervical spine and right knee injuries were causally related to the August 14, 2002 work accident and that the employer is liable for past medical expenses, future medical care, and temporary total disability benefits. The employee was found to be permanently and totally disabled as a result of the work-related injuries, with the employer liable for permanent total disability benefits and the Second Injury Fund found to have no liability.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to James Andrews for a work-related injury sustained on March 11, 2004, when he fell into a fish pond while fighting a fire. The employee was awarded 12-1/2% permanent partial disability compensation totaling $29,221.61, with the employer and Second Injury Fund sharing liability.

The Commission affirmed the administrative law judge's denial of the employee's occupational disease claim, finding he failed to meet his burden of proof that his back problems arose from his firefighting career. Although the employee argued the proper standard was 'reasonable medical probability,' the Commission agreed with the ALJ that the evidence supported a finding that the back problems resulted from a pre-existing degenerative condition rather than being substantially caused by employment.

The Commission modified the administrative law judge's award, correcting the average weekly wage calculation from $766.56 to $1,065.80 and clarifying that permanent partial disability awards for finger injuries are not limited by statute and can include disability to the hand or wrist based on evidence. The Commission affirmed the 50% permanent partial disability rating for the index finger sustained from the January 19, 2007 work-related injury.

The Commission affirmed the administrative law judge's findings of 20% permanent partial disability to the left knee and 45% pre-existing disability to the spine, but modified the Second Injury Fund's liability calculation from $21,378.28 to $14,714.92. The employee sustained the knee injury on November 10, 2003, while inspecting sewer drain elevation at work.

The Commission affirmed the administrative law judge's award granting permanent total disability benefits to David Kammeier for peripheral neuropathy caused by prolonged chemical exposure during his employment at A. R. Fleming Printing Company. The employee is entitled to weekly compensation of $578.48 for life beginning June 19, 2006, with the insurer receiving credit for temporary disability benefits previously paid.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for Delbert Lewis, who sustained an occupational disease injury to both wrists from repetitive motions in his employment. The Second Injury Fund was held liable for 65.01 weeks of permanent partial disability compensation totaling $22,561.72.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Patricia Palmer for a left knee injury sustained on July 22, 1999, when she tripped and fell while walking into work at St. Anthony's Medical Center. The employee was awarded permanent partial disability benefits against the employer and permanent total disability benefits against the Second Injury Fund due to the combination of the primary injury and a preexisting condition.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying compensation to Roger Patterson for an alleged back injury from February 6, 2006, finding the employee failed to meet his burden of proof regarding proper notice requirements. A dissenting opinion argues the decision should be reversed, contending the employee provided adequate verbal notice to the employer within the required timeframe and that the employer suffered no prejudice from the lack of written notice.

The Commission modified the Administrative Law Judge's award by increasing the preexisting disability rating of the employee's left ankle from 35% to 75% at the 155-week level based on multiple prior injuries requiring surgeries. This modification increased the Second Injury Fund's liability for permanent partial disability benefits from $7,318.21 to $9,515.09.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Ronald O'Neal for a right shoulder injury sustained on December 16, 2003, while making conveyor belts at Beltservice Corporation. The claimant was awarded compensation for permanent disability of 30% of the right shoulder, 5% body as a whole for psychiatric injury, and permanent total disability against the Second Injury Fund due to the combination of the primary injury and preexisting injuries.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation to Jose Antunez for a work-related back injury sustained on February 8, 2003 at Propipe Corporation. The Commission approved the award of 35% permanent partial disability of the body as a whole referable to the low back, though one commissioner dissented, arguing for permanent total disability benefits instead.

The Missouri Supreme Court reversed the LIRC's decision that permanent total disability benefits ceased upon the employee's death, holding that the widow is entitled to the unpaid balance of the PTD award. The LIRC modified the administrative law judge's award accordingly, affirming all other aspects of the decision.

The Commission affirmed the administrative law judge's award of workers' compensation to Christopher King for a burn injury to his right ankle/foot caused by hot grease splashing during cooking on November 30, 2004. The employee was awarded $870.64 in compensation for 5% permanent partial disability of the right ankle.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for an employee who sustained a low back injury while directing concrete flow from a chute on June 24, 2003. The employee was awarded permanent total disability benefits of $407.40 weekly for life, with medical benefits continuing as determined.