Harry J. Nichols

The Commission affirmed the administrative law judge's award denying compensation, finding that the employee failed to meet his burden of proof regarding future medical treatment, temporary total disability benefits, permanent partial disability benefits, and permanent total disability status. The Commission also rejected the employee's claim against the Second Injury Fund.

The Commission reversed the Administrative Law Judge's decision that rejected the employee's occupational disease claim, finding the ALJ exceeded his authority by deciding an issue not in dispute when the parties had stipulated to the occurrence of an occupational disease on September 1, 2003. The Commission remanded the case to address the stipulated issues of the nature and extent of permanent disability and apportionment between the employer and Second Injury Fund.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to James Wilford for multiple injuries sustained in a tractor-trailer accident on April 22, 1995 in Callaway County, Missouri. Benefits awarded include temporary total disability compensation, permanent partial disability, and disfigurement compensation totaling over $104,000.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Gary Purdy's low back injury sustained on November 17, 1999 while shoveling mud at work. Although the injury was deemed compensable, no lost-time compensation was awarded as the employee experienced no lost time from work.

The Commission affirmed the Administrative Law Judge's decision denying the employee's claim for permanent partial or permanent total disability benefits against the Second Injury Fund resulting from her October 2, 1999 injury. The Commission found that the employee failed to meet her burden of proof on the disability claim, though it addressed procedural issues regarding the admissibility of medical testimony.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Stephen Clemons, a Public Safety Officer who alleged stress-related injuries from job activities including breaking up fights. The claim was denied because the alleged occupational disease was determined not to have arisen out of and in the course of employment under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to Terry Penberthy for a back injury claimed to have occurred on September 4, 2003 at United Parcel Service. A dissenting opinion argued the employee met the burden of proof for an accident involving a dolly-moving incident that caused radiating back and leg pain.

The Labor and Industrial Relations Commission modified the October 19, 2005 award of the administrative law judge in this workers' compensation case involving employee Eric Neathery. The Commission affirmed the administrative law judge's decision to issue a final award on all stipulated issues including future medical care, temporary disability, permanent disability, and Second Injury Fund liability, and denied the employee's subsequent motions to submit additional evidence.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding a baseball pitcher's right elbow injury sustained on July 15, 1993, primarily to adjust attorney's fees. The Commission affirmed the compensability of the occupational disease claim and the underlying award while rejecting the cap on attorney's fees, allowing 25% of benefits awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Mike Burks' left shoulder injury sustained on July 31, 2000, when he slipped while carrying an overhead hood at a Ford Motor Company facility in St. Louis County. The employee was awarded compensation for 7.5% permanent partial disability of the left shoulder, with necessary medical aid of $1,667.85 paid by the self-insured employer.