Randy Alberhasky

The Labor and Industrial Relations Commission modified the ALJ's award, allowing compensation for a back injury sustained on September 28, 2007, when the employee picked up a wooden pallet at work. The employee, who has not worked since June 2008 due to ongoing severe back pain and related conditions, appealed the denial of permanent total disability benefits.

The LIRC modified the ALJ's award to grant enhanced permanent partial disability benefits against the Second Injury Fund for an employee who injured her low back in December 2009 while assisting another nurse moving a patient. The employee, who was never released to return to work and experiences constant pain radiating to her hip and leg, sought permanent total disability benefits, with medical evidence attributing her restrictions to both her work-related back condition and fibromyalgia.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Jason E. Johnston for a left wrist injury sustained in a fall from a ladder on June 21, 2007. The claim was denied because it was not filed within the required statute of limitations period.

The Commission affirmed the ALJ's denial of workers' compensation benefits, finding that the employee failed to prove his fall injury arose out of and in the course of employment. The decision established that absent proof of a work-related accident, analysis of idiopathic causes is unnecessary and improper.

The Commission affirmed the Administrative Law Judge's award of temporary total disability benefits for employee Dawn Woods following a compensable workplace injury on July 1, 2010. The award provides $19,626.82 in temporary disability compensation from August 20, 2010 through July 7, 2011, with ongoing benefits subject to modification pending a final award.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Herbert Robbins for an alleged injury to his right lower extremity on June 9, 2008. The employee failed to establish that his work activity was the prevailing factor in causing a prosthetic failure when a hydraulic pump unit snapped while he was carrying an electrical trough, and therefore no compensable accident or occupational disease arose out of his employment.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Michelle Watson-Spargo for a back injury sustained while unloading boxes at her workplace on January 16, 2009. The employee, who worked as a cook, suffered severe back pain that prevented her from ever returning to work and was complicated by multiple preexisting conditions including carpal tunnel syndrome and depression.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits, finding that the employee failed to prove his occupationally-induced asthma was caused by workplace exposure to paint fumes due to lack of objective symptoms. A dissenting opinion argued the employee's expert testimony was more credible and compensation should have been awarded for past medical expenses, future medical care, and permanent partial disability.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Pamela Cotter for an alleged herniated disc of the cervical spine sustained on October 18, 2004. Although the injury arose out of and in the course of employment, it was determined to be non-compensable under Missouri workers' compensation law.

The LIRC affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Barton White for a left knee injury sustained on September 15, 2006. The Second Injury Fund was held liable for 14.4 weeks of compensation totaling $2,783.95.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Kathleen Elmore for repetitive trauma injury from computer keyboard data entry work. The Second Injury Fund was found liable for 40 weeks of compensation totaling $13,882.00.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits for an employee's alleged MRSA infection in the left breast contracted at a poultry processing plant. The Commission found that the injury was not compensable under Missouri workers' compensation law, and no benefits were awarded despite the claim meeting procedural requirements.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to James Merkerson for injuries sustained in a vehicular accident on August 9, 2006, while employed by TAP Enterprises, Inc. The claimant was awarded permanent partial disability compensation of $23,142.45 plus unpaid medical bills of $14,542.00, with adjustments for overpaid temporary total disability and subrogation, resulting in a net award of $16,056.52.

The Commission affirmed the administrative law judge's decision denying all workers' compensation benefits, finding that the claimant's alleged repetitive trauma injury to the right shoulder did not arise out of and in the course of employment. No compensation was awarded for temporary disability, permanent disability, or medical expenses.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to David Parsons for a hernia sustained on July 2, 2007. The Commission found that the injury did not arise out of and in the course of employment, as the claimant was not in the employ of Steelman Transportation at the time of the alleged accident.

The Commission reversed the Administrative Law Judge's denial of workers' compensation benefits, finding that the employee did not forfeit his right to compensation despite refusing a post-injury drug test. The employee, who sustained a serious spinal cord injury when a wall fell on him at work, was awarded temporary total disability and medical treatment including pain management, psychological care, and physical therapy.

The Missouri Court of Appeals reversed the Commission's denial of an occupational disease claim, finding that the employee satisfied the 30-day notice requirement and that a one-day discrepancy in the date of injury caused no prejudice to the employer. The Commission reinstated compensation for the employee's occupational disease claim.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Carolyn Brooks, a secretary who sustained an upper extremities injury on June 27, 2004. The Commission found the injury compensable and approved permanent total disability benefits payable by the Second Injury Fund at the weekly rate of $292.32 for the remainder of the employee's life.

The Commission affirmed the Administrative Law Judge's final award denying compensation in this fatal workers' compensation case involving employee Benjamin Vice who was killed while driving a truck on August 19, 2005. Although the injury was found to be compensable and arose out of employment, no benefits were awarded, with the dependent (mother Stacey Kohl) receiving no compensation.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in a case involving Carl Cantrell's fall on a dock on December 11, 2006, which resulted in injury to his left upper extremity. Although the injury was deemed compensable and arose out of employment, no compensation was awarded in the final decision.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Vannessa Crumpler for a diabetic seizure suffered while working at a Wal-Mart deli counter. The court found that the injury did not arise out of and in the course of employment and was therefore not compensable under Missouri workers' compensation law.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for Benjamin Marcak's work-related burn injury to his right leg sustained on January 18, 2006. The award includes 10% permanent partial disability (155 week level) and unpaid medical expenses of $26,289.70, with no temporary disability compensation awarded.

The Commission affirmed the Administrative Law Judge's award denying compensation to Allen Alcorn for an alleged occupational back injury from repetitive heavy lifting. The case hinged on whether newly amended workers' compensation notice requirements should be applied retroactively to bar the employee's claim.

The Commission affirmed the Administrative Law Judge's decision denying compensation to Allen Alcorn for a back injury claimed to have occurred on April 14, 2006, while employed as a truck driver. The case involved a procedural dispute regarding retroactive application of a 2005 statutory amendment requiring written notice of occupational disease within 30 days of diagnosis.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Elaine Casteel for a neck and shoulder injury sustained in a trip and fall accident on December 3, 2003. The claimant was awarded permanent partial disability benefits totaling 175.625 weeks across multiple body parts and disability levels, with partial liability assigned to the Second Injury Fund.