Ray Gerritzen

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Jacob Hahne's left knee injury sustained on February 13, 2004, while working for the employer. The Commission substituted its own analysis on the issue of medical causation while affirming the overall award, rejecting the employee's arguments that the administrative law judge's medical causation findings were in error.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award to include future medical care for Katherine Hunt's work injury from July 11, 2005, finding that she demonstrated reasonable probability of needing such care despite previously declining offered treatment. The Commission affirmed all other aspects of the original award and approved the attorney's fee as fair and reasonable.

The Commission affirmed in part and reversed in part the administrative law judge's award denying compensation for a November 2001 work accident in which the employee's chair suddenly dropped, causing low back injury. The case involved disputed claims regarding permanent disability, occupational disease, and medical causation related to the low back injury.

The Commission reversed the administrative law judge's decision regarding Second Injury Fund liability in a workers' compensation case involving an employee who sustained 49.9% hearing loss from industrial noise exposure. The employee and employer settled their dispute, leaving only the question of Second Injury Fund liability to be resolved on appeal.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for a right wrist injury (case 03-024741) sustained on March 10, 2003, while the employee was emptying water from a parts washer. The Commission found the injury compensable and arose out of and in the course of employment, while denying a second claim (03-088603) filed for the same body part on July 22, 2003.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying compensation for injury No. 03-088603, finding that the employee's wrist injury from pulling a heavy mold did not arise out of and in the course of employment. The Commission determined the award was supported by competent and substantial evidence and was made in accordance with the Missouri Workers' Compensation Act.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Damon B. Hosick for an alleged right shoulder injury allegedly caused by continuous lifting of heavy pipes and metal parts from June 2000 to July 31, 2003. The Commission found that the injury did not arise out of and in the course of employment under Chapter 287 and was therefore not compensable.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Elizabeth Leach for injuries sustained from a fall on a floor mat at Wal-Mart on December 21, 2003. The employee was awarded compensation for permanent partial disability of 10% to the left wrist and 5% to the right knee, plus unpaid medical expenses of $25.00.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits despite finding the injury compensable under Chapter 287. Although the claimant sustained a right shoulder injury when his jacket became caught in machinery on March 11, 2005, no compensation was awarded in the final determination.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Daniel Williams, who sustained a low back injury from both acute trauma (truck hitting a pothole) and repetitive strain from driving a cement truck. The employee was awarded 20% permanent partial disability of the body as a whole referable to the low back.

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits in a case where employee James Rybak suffered a right upper extremity injury (37.5% permanent disability of left arm at wrist level) after falling through a glass door while chasing a shoplifter on July 26, 2003. Although the injury was found to be compensable and work-related, no compensation was awarded as the case was settled.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation to employee Joseph Pearson for injuries sustained on July 11, 2003, finding no compensable disability resulted from the primary injury. One commissioner dissented, arguing the ALJ erred in rejecting uncontradicted expert medical testimony regarding permanent partial disability ratings and Second Injury Fund liability.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award, changing the temporary total disability compensation rate from $82.02 to $79.67 per week based on a recalculation of the employee's average weekly earnings. The Commission affirmed all other findings and conclusions of the administrative law judge regarding the waitress employee's workers' compensation claim.