bilateral carpal tunnel syndrome

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 Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation to Donald K. Shelton for a right clavicle injury sustained on December 6, 2002, while working as a field maintenance operator. The Commission found the injury compensable with 50% permanent partial disability of the right shoulder, with the claim against the Second Injury Fund being upheld.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying compensation in this workers' compensation case, despite finding the injury (abdominal hernia) to be compensable and work-related. The case was settled, resulting in no benefits being awarded to the claimant.

The Commission reversed the Administrative Law Judge's award and denied the employee's claim against the Second Injury Fund for permanent partial disability benefits related to bilateral carpal tunnel syndrome and ulnar neuropathy. The Commission found that the employee failed to meet his burden of proving he had reached maximum medical improvement with regard to the primary injury, making the Second Injury Fund liability determination improper.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Trina Hamilton's occupational disease involving bilateral upper extremities caused by repetitive use of upper extremities. The Second Injury Fund was found liable for permanent total disability benefits of $14.69 weekly differential plus $368.74 for the claimant's lifetime.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Rose Turner for an occupational disease claim. The Commission rejected the employer's statute of limitations defense, finding that the limitations period does not begin running for occupational diseases until the injury becomes reasonably discoverable and the employee has competent medical evidence of a work-related causal connection.

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.

The Commission affirmed the Administrative Law Judge's decision denying the employee's claim for past temporary total disability benefits from February 4 to March 25, 2004, despite finding the ALJ's reasoning required supplementation. The employee's shoulder and neck injury claim was supported by medical evidence, but the denial of TTD benefits was upheld as the employer's refusal to allow return to work was not deemed grounds for compensation during the disputed period.

The Commission modified the ALJ's amended award, finding that while the employee was entitled to select his own medical provider for specific treatment that the employer refused to provide, the employer retains the right to control selection of medical providers for all other future medical care. The decision clarifies that an employer's refusal to provide noticed treatment does not constitute a waiver of its general right to direct medical provider selection going forward.

The Commission modified the ALJ's decision by affirming the award of future medical care but finding that the employer did not waive its right to select the employee's medical providers for future treatment. The employer retains the right to direct the selection of medical providers going forward, except for the specific treatment that was initially refused, which the employee may pursue independently.

The LIRC modified the ALJ's award, clarifying that while the employer waived its right to select medical providers for the specific treatment the employee requested and the employer refused, the employer retains its right to direct and select medical providers for all future medical care. The Commission affirmed the ALJ's allowance of future medical care and approved the attorney's fee as fair and reasonable.

The Commission modified the ALJ's amended award regarding medical provider selection in Glen Nickelson's workers' compensation case. The Commission affirmed the award of future medical care but clarified that the employer retains the right to select medical providers going forward, except for the specific treatment that was previously refused.

The Commission modified the ALJ's award, finding the Second Injury Fund liable for 10.775 weeks of permanent partial disability benefits instead of 6.4 weeks. The Commission corrected the application of statutory thresholds by considering all of the employee's preexisting disabling conditions in aggregate rather than in isolation, including preexisting ankle and wrist conditions totaling 74.75 weeks.

The Commission modified the Administrative Law Judge's award, finding the Second Injury Fund liable for permanent partial disability benefits by correctly applying the 50-week threshold to all of the employee's preexisting conditions rather than evaluating them in isolation. The Commission affirmed that the employee was not permanently and totally disabled but increased the award by including preexisting depression and applying a 15% multiplicity factor for bilateral wrist disability.

The Commission affirmed the administrative law judge's award of workers' compensation to Kelly Kirkpatrick for cubital tunnel syndrome, finding it qualifies as a compensable occupational disease injury. The Second Injury Fund's argument that occupational diseases cannot trigger Second Injury Fund liability under Missouri law was rejected as inconsistent with the complete statutory definition of injury.

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.

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.

The Commission modified the Administrative Law Judge's award to grant Jackie Hampton future medical treatment for compensable low back and cervical spine injuries, including over-the-counter pain medications. The decision clarified that an employer must provide medical care reasonably required to treat work-related injuries even if the employee had a preexisting condition, as long as the need for treatment flows from the work accident.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Ann Shinkle for bilateral carpal tunnel syndrome and right lateral epicondylitis caused by repetitive motion work as a housekeeper. The award is temporary or partial and the case remains open for further proceedings and final determination.

The Commission affirmed the administrative law judge's award of 56.6 weeks of permanent partial disability benefits to Dorothy Turner, with the Second Injury Fund found liable. The Commission rejected the Second Injury Fund's argument that preexisting conditions must individually meet statutory thresholds, clarifying that the Second Injury Fund's purpose is to compensate disability resulting from the combination of a work injury with preexisting disabilities.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Norman L. Berra for occupational disease injuries to both wrists and left elbow sustained through repeated use of hand and power tools in his employment at Berra Construction, LLC. The employee was awarded permanent partial disability compensation totaling $21,234.40 plus temporary disability benefits and medical expenses.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Carl Douthit for a right upper extremity injury sustained on May 20, 2009, when he tripped over metal while carrying a door. The injury was found to be compensable and to have arisen out of and in the course of his employment with Bi-State Development Agency.

The Commission affirmed the administrative law judge's award of permanent total disability benefits to Howard Moreland for occupational disease caused by exposure to benzene and other chemicals on June 26, 2005. The employee was awarded weekly compensation of $397.45 for life, past medical expenses of $752,021.08, and a 15% penalty based on statutory violations.

The Commission affirmed the Administrative Law Judge's award denying compensation for a December 17, 2004 dog bite injury to the claimant's back and right lower extremity. No benefits were awarded in this injury number, though the claimant was awarded permanent total disability benefits in a separate prior injury number.

The Commission affirmed the Administrative Law Judge's award denying compensation for injury number 04-130561, finding no permanent disability warranted benefits in this case. The employee's claim for the December 10, 2004 incident involving a fall down stairs was deemed compensable but resulted in no award of benefits.