Diagnosis
anxiety
56 linked decisions in the archive.
Whitfield v. Ferguson-Florissant School District(2012)
August 15, 2012
The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to elementary school teacher Cheryl Whitfield for a left wrist injury and psychiatric condition sustained when a student smashed her hand into a table on December 10, 2007. The claimant was awarded 5% permanent partial disability for the left wrist and 35% for body as a whole psychiatric injury.
Hilgart v. Kabul Nursing Homes, Inc.(2012)
July 25, 2012
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.
Gillham v. Melvin Gillham(2012)
July 3, 2012
The Commission affirmed the administrative law judge's award of 50% permanent partial disability for a right knee injury from a slip and fall accident in August 2001, but denied compensation for claimed psychiatric injuries of depression and anxiety. The Commission found that employee failed to meet his burden of proof on medical causation for the psychiatric claims due to the absence of medical expert testimony and evidence of pre-existing psychiatric history unrelated to the workplace accident.
Grill v. Cedar Creek Hardwoods(2012)
April 12, 2012
The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to Richard Grill for a low back injury sustained while lifting a 55-gallon drum of glue on February 16, 2004. The Second Injury Fund was held liable for permanent total disability compensation with a 35% permanent partial disability rating of the body as a whole referable to the low back.
Joplin v. Gates Rubber Company(2012)
March 8, 2012
The Commission modified the ALJ's award regarding Second Injury Fund liability and medical provider selection, increasing the SIF liability calculation to include preexisting psychiatric disability and clarifying that the employer retains control over medical provider selection. The decision also addresses temporary total disability benefits for a specific period in 2005.
Stiers v. Production Products, Mfg.(2012)
March 8, 2012
The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Gloria G. Stiers' bilateral overuse syndrome, a repetitive motion injury qualifying as a compensable occupational disease. The Commission rejected the Second Injury Fund's argument that repetitive motion injuries cannot trigger Second Injury Fund liability under Missouri law.
Spradling v. Russell Stover Candies, Inc. (d/b/a Smiley Container Corporation)(2012)
February 9, 2012
The Missouri LIRC affirmed the ALJ's award of permanent total disability benefits to the deceased employee's three minor children as dependents. The Commission found that the definition of 'dependent' under § 287.240 RSMo properly applies to determine eligibility for death benefits, rejecting the Second Injury Fund's argument that the statutory definition was inapplicable.
Povilat v. Duckwall-ALCO Stores, Incorporated(2012)
February 1, 2012
The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Aaron Povilat for injuries sustained on April 25, 2007, while attempting to prevent a shoplifter from driving away. Although the injury was found to be compensable and work-related, the claim was denied because it was not filed within the time required by law.
Jordan v. USF Holland Motor Freight, Inc.(2011)
December 13, 2011
The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Vernon Jordon's work-related back injury sustained in a fall from his truck on April 2, 2002. The Commission found the award was supported by competent and substantial evidence and made in accordance with Missouri Workers' Compensation Law.
Banaszek v. McCarthy Brothers(2011)
August 12, 2011
The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to John Banaszek for a left upper extremity injury sustained on July 3, 2006, while slipping in oil and falling while moving concrete forms. The employee was awarded permanent partial disability benefits (60% left shoulder, 25% left elbow, 5% body as whole) and permanent total disability benefits from the Second Injury Fund.
Freeman v. General Motors(2011)
August 3, 2011
The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Mitchel Freeman's bilateral carpal tunnel syndrome developed through repetitive hand tasks. The claimant was awarded permanent partial disability benefits at 20% of the right and left upper extremities, with a minor correction made to the calculation of preexisting disability weeks.
Steinmetz v. Interstate Brands Corporation(2011)
May 26, 2011
The Commission affirmed the administrative law judge's award of workers' compensation benefits to Betty Steinmetz for injuries sustained in a work accident on April 17, 2006, when she tripped at work, resulting in a right rotator cuff tear and spine injuries. The employee was found to be permanently and totally disabled due to the combination of work injuries and preexisting conditions, with the Second Injury Fund liable for lifetime permanent total disability benefits.
Burgess v. R&T Janitorial(2011)
May 6, 2011
The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to employee Selina Burgess for an alleged back injury sustained on November 28 or 29, 2005 while throwing trash bags into a dumpster. The denial was based on employee's failure to provide timely written notice to the employer and lack of credibility regarding the claimed accident.
Claspill v. Fed Ex Freight East, Inc.(2011)
April 19, 2011
The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Shawn Claspill's injury sustained from a fall off a forklift on July 31, 2006. The employee was awarded 40 weeks of permanent partial disability compensation at a weekly rate of $532.76 for a 10% permanent disability rating.
Kaempfer v. G. A. Rich & Sons, Inc.(2011)
March 22, 2011
The LIRC modified the ALJ's April 15, 2010 award, agreeing that the employee is entitled to future medical care but disagreeing with the directive that it be provided by a specific physician. The Commission also reversed the ALJ's evidentiary rulings regarding Social Security Administration records, finding them relevant to establishing the disabling nature of the work-related injury.
Hilgar-Milson v. Laidlaw Transit, Inc.(2010)
November 23, 2010
The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Elaine Hilgar Milson's right shoulder injury sustained on January 29, 2007, when she pushed open a school bus door. The claimant was awarded 30% permanent partial disability against the employer and permanent total disability benefits from the Second Injury Fund payable for her lifetime at $267.94 weekly.
Harris v. Rebar Specialist, Inc.(2010)
November 5, 2010
The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for an iron worker's lower back injury and psychiatric condition sustained on April 1, 2003. The claimant was awarded permanent partial disability for the back injury (26% of body as whole) and psychiatric condition (20% PPD), with permanent total disability benefits from the Second Injury Fund beginning January 1, 2004.
Batton v. Daimler Chrysler Corporation(2010)
August 12, 2010
The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Hali Batton for a compensable occupational disease injury to her neck, body as a whole, and left shoulder sustained on January 21, 2004, resulting from repetitive overhead work. The award includes permanent partial disability benefits from the employer and permanent total disability benefits from the Second Injury Fund.
Reed v. Government Employees Hospital Association(2010)
July 29, 2010
The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Glenda Reed for an occupational disease involving repetitive strain injuries to her shoulders, wrists, and upper extremities sustained on October 7, 2004. The employee received permanent partial disability benefits from the employer and permanent total disability benefits from the Second Injury Fund.
Higgenbotham v. DPM of Missouri a/k/a McDonald's Restaurant(2010)
June 20, 2010
The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits for Lisa Higgenbotham's left knee injury sustained on June 5, 2006, while employed at a McDonald's restaurant. The claimant was awarded compensation for 30% permanent disability to the left knee, with the Second Injury Fund covering 20% of the body rating liability.
Fischer v. Montgomery County(2010)
June 15, 2010
The Commission affirmed the administrative law judge's award of permanent total disability compensation to Jerry Fischer for injuries sustained on June 7, 2004, when he fell off a crawler during track repairs. Fischer is entitled to $337.18 per week compensation for life, with medical benefits and attorney's fees approved.
Williams v. City of Kansas City, Missouri(2010)
May 18, 2010
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to Billy B. Williams for a neck and shoulder injury sustained on December 26, 2003, while attempting to open a stuck door. The employee was awarded $662.55 per week in permanent total disability compensation beginning October 29, 2004, along with necessary medical treatment.
Williamson v. Emery Sapp & Sons, Inc.(2010)
March 16, 2010
The Commission affirmed the administrative law judge's award of workers' compensation benefits to Eric Williamson for a fall from a bridge approximately forty feet, which resulted in multiple injuries and permanent total disability. The employee is entitled to permanent total disability benefits of $599.71 per week for life, commencing February 2, 2008, along with lifetime medical benefits.
Swierk v. Fusion Support Service, LLC.(2010)
January 26, 2010
The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Kimberly L. Swierk for an incident on June 24, 2008. The Commission found that the incident did not constitute a compensable injury or occupational disease arising out of and in the course of employment.
Brawley v. City of St. Louis(2010)
January 19, 2010
The Commission modified the administrative law judge's award regarding when permanent total disability benefits should begin for employee James Brawley's work-related wrist injury. The Commission determined that permanent benefits should commence on July 17, 2006 (when maximum medical improvement was reached) rather than May 17, 2006, and ordered the Second Injury Fund to pay benefits at the modified differential and permanent rates accordingly.