Jerry Kenter

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to the dependents of Mauro Brito-Pacheco, who was fatally shot at Tina's Hair Salon on August 10, 2009. The commission found that the employee was an independent contractor rather than a statutory employee, and therefore not entitled to death benefits under Missouri workers' compensation law.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Dennis Seifner for an alleged thoracic disc herniation, finding that the injury did not arise out of and in the course of employment. No compensation was awarded in this case.

The Commission reversed the Administrative Law Judge's denial of workers' compensation benefits, finding that the employee sustained a work-related injury on September 23, 2004, and was entitled to compensation considering preexisting conditions including a 1990 back injury and seizure disorder from a 1993 motor vehicle accident. The Commission determined that the ALJ erred in applying the Second Injury Fund statute and that the employee's prior injuries constituted hindrances and obstacles to employment that must be considered in determining permanent total disability.

The Missouri LIRC reversed the Administrative Law Judge's decision and found the Second Injury Fund liable for employee Joe Edwards' permanent total disability, which resulted from a combination of his primary work-related back injury and preexisting cervical spine and right arm disabilities. The Commission determined that the ALJ erred in finding no Second Injury Fund liability by failing to properly consider the employee's documented preexisting disabling conditions.

The LIRC affirmed the Administrative Law Judge's award finding that employee Mickey Snider suffered a work-related back injury in March 1999 resulting in permanent total disability, with employer liable for benefits and future medical treatment. The Commission corrected the ALJ's analysis regarding Second Injury Fund liability, finding no such liability exists because the employee's permanent total disability resulted solely from the work-related injury.

The Commission affirmed the Administrative Law Judge's decision denying additional compensation to employee Lisa Bowman for a head injury sustained on June 13, 2004, when she struck her head on a metal object while picking up debris. Although the injury was found to be compensable and temporary disability and medical benefits totaling approximately $19,600 were previously paid, no permanent disability was awarded and no further compensation was due.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to the dependents of Timothy J. Gant, who died following a work-related slip and fall on ice on December 3, 2003. Although the accident arose out of and in the course of employment, no compensation was awarded as the injury was determined to be non-compensable under Missouri law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to the dependents of Travis Anderson, who died in a fatal automobile accident on July 19, 2003. The Commission found that the accident did not arise out of and in the course of employment, making it non-compensable under Missouri workers' compensation law.

The Missouri LIRC affirmed the Administrative Law Judge's award denying compensation to employee Jack Johnson for an alleged back injury from February 9, 2006. Commissioner Hickey filed a dissenting opinion arguing the employee met the burden of proof that the accident was the prevailing factor in causing his back condition and disability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that the employee's low back injury from repetitive bending and lifting at the manufacturing facility was compensable under Missouri workers' compensation law. The decision awards temporary or partial benefits including necessary medical care, with the proceedings remaining open for a final award.

The Labor and Industrial Relations Commission modified the administrative law judge's award by affirming the finding of permanent and total disability and liability for past medical expenses, but reversed the doubling penalties under section 287.510. The Commission denied the employee's motion for costs on the frivolous appeal claim.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Ralph Scott for an alleged right knee injury claimed to result from prolonged walking and standing during employment. The Commission found that the injury did not arise 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 finding that employee Joni Dorsey sustained a compensable injury to her right lower extremity on December 13, 2003, arising out of and in the course of her employment at Moniteau Care Center. The Commission awarded temporary or partial disability benefits and unpaid medical expenses of $8,105.40, with the case kept open for further proceedings.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for a right shoulder injury sustained on March 26, 2002, while loading linen bags. Although the injury was found to be compensable and arose out of employment, no permanent partial disability was determined and all temporary disability and medical benefits had already been paid or provided.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to employee Alvin Penn for a work-related injury sustained on April 17, 2002. One commissioner dissented in part, arguing that the decision improperly denied past medical expenses related to pain management treatment and future medical care despite the employee achieving maximum medical improvement.

The Missouri LIRC affirmed the Administrative Law Judge's award denying compensation in a workers' compensation case involving an alleged work-related injury on August 8, 2001. The employee failed to establish that an undiagnosed preexisting condition (multiple sclerosis) constituted an obstacle to employment sufficient to trigger Second Injury Fund liability.