Gary Matheny

The Commission modified the Administrative Law Judge's award by applying a $2,500.00 credit that the employer was entitled to against permanent partial disability benefits. The employee was awarded permanent partial disability benefits of 25% of the body as a whole for cervical spine injury and 5% for right shoulder injury sustained in a work-related incident on July 10, 2007.

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits for an employee who slipped and fell, injuring his lower back on December 28, 2007. The Second Injury Fund was found liable for permanent total disability compensation with an average weekly wage of $3,000.00.

The Commission affirmed the administrative law judge's award denying the employee's claim for total knee replacement expenses, finding that the work injury did not reasonably require the replacement as the need flowed from pre-existing arthritic changes rather than the workplace injury. While correcting the administrative law judge's misapplication of legal standards, the Commission reached the same conclusion that the total knee replacement was not reasonably required to cure and relieve from the effects of the work injury.

The Commission affirmed the administrative law judge's award of workers' compensation to employee Shawna Prope for injuries sustained in a fall from a ladder on September 24, 2008, which resulted in permanent partial disability to her right knee and back. The claimant was awarded 82 weeks of compensation at $213.33 per week ($17,493.06 total) along with previously paid medical expenses and temporary disability benefits.

The Missouri LIRC affirmed the ALJ's award of workers' compensation for Richard B. Hafley's occupational disease (bilateral plantar fasciitis) arising from his employment, finding the evidence supported compensability and permanent partial disability ratings. One commissioner dissented, arguing the ALJ's disability ratings of 7-9% were inadequate compared to the medical evidence supporting 15% permanent partial disability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits for Richard B. Hafley's right ankle and foot injury sustained on August 4, 2009, while one member dissented, arguing for a higher permanent partial disability rating of 20% rather than the awarded 2.5%. The decision found the injury compensable and the award supported by competent and substantial evidence, though the dissenting opinion criticized the assessment of permanent partial disability benefits.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Donna Rader's compensable work-related injury to her low back and mental injury sustained on March 25, 2004. The employee received temporary total disability payments and medical aid totaling over $42,000, with an approved attorney's fee of 25% of future payments.

The Commission affirmed the administrative law judge's award of permanent total disability benefits for Billy Joe McMunn, who injured his low back while moving a ladder on April 11, 2003. The case involved a settled claim with Missouri Employer's Mutual and the Second Injury Fund bearing liability for permanent total disability compensation.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for John R. Wheeler's back injury sustained while lifting a boat hull on August 7, 2001. The claimant was awarded 30 percent permanent partial disability to the body as a whole and temporary total disability compensation of 45 3/7 weeks.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Brenda James for an alleged back injury on June 12, 2006. The Commission found that the employee failed to establish that an accident or occupational disease occurred that arose out of and in the course of employment.