Frank Eppright

The Missouri LIRC affirmed the ALJ's award finding the employee permanently and totally disabled when considering the combined effects of a work injury and preexisting cardiac condition, but only partially disabled when excluding the cardiac worsening. The decision clarified credibility determinations regarding medical testimony about permanent total disability and remanded issues of non-medical factors in the denial of total permanent disability benefits.

The Commission affirmed the ALJ's amended award finding that the employee's primary injury combined with preexisting disabilities resulted in a 10% permanent partial disability enhancement above the simple arithmetic sum of separate disabilities. The employee's claim against the employer was settled, and the case proceeded against the Second Injury Fund regarding the nature and extent of that liability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Thomas Middleton for a work-related back injury involving degenerative disc disease. The majority found no entitlement to permanent total disability benefits from the Second Injury Fund, though a dissenting opinion argued the decision was erroneous and should have been reversed.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Charles Hogue's plantar fasciitis of the left foot, an occupational disease caused by repetitive twisting and turning as a car detailer. The Second Injury Fund was determined liable for permanent partial disability benefits of $6,220.07.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award regarding Second Injury Fund liability for Donald Mayse, who was found to be permanently and totally disabled due to a combination of his work injury and preexisting disabling conditions. The Commission affirmed Missouri jurisdiction and permanent total disability status but corrected the calculation of Second Injury Fund compensation to properly account for the extent of permanent partial disability from the last injury.

The Commission modified the Administrative Law Judge's March 2, 2009 award by allowing future medical benefits for the employee's left knee injury, finding a reasonable probability of future treatment needs including anti-inflammatory medications, steroid injections, and potential knee arthroplasty. The decision reversed the denial of future medical benefits based on Dr. Koprivica's opinion regarding the progression of post-traumatic degenerative arthritis and recommended keeping medical open to address future treatment needs.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award in this workers' compensation case for a lower back injury sustained on September 4, 1996, when the employee was moving a bundle of slab doors. The injury was found to be compensable under Missouri law, with medical expenses already provided and no permanent disability determined.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Ray Vincent for a compensable injury sustained on November 14, 2000, while lifting roofing materials. The Commission made a minor modification to clarify that the settlement hearing was held on September 9, 2004, rather than November 9, 2004.

The Commission reversed the Administrative Law Judge's award that had waived the notice requirement for filing a proof of claim in the employer's bankruptcy proceeding. The employee failed to file a timely proof of claim with the bankruptcy court as required by statute, and this jurisdictional requirement cannot be waived despite the employee's claim that notice was not received.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Daniel W. Mahoney's right wrist injury sustained on February 27, 2004, while wrapping skids with a wrap gun. The Commission found the injury compensable and approved permanent total disability benefits, with the Second Injury Fund bearing liability for ongoing benefits beyond the employer's initial payment of permanent partial disability compensation.