carpal tunnel syndrome

The Commission affirmed the Administrative Law Judge's award granting permanent total disability benefits to employee Bentley Gilbert, with the Second Injury Fund determined to be liable. The case involved a dispute over the weekly compensation rate for permanent total disability benefits, with the parties' stipulated rate of $340.12 upheld despite employee's later challenge.

The Labor and Industrial Relations Commission modified the administrative law judge's award, finding Dr. Strecker more credible than Dr. Schlafly regarding the diagnosis of cubital tunnel syndrome rather than carpal tunnel syndrome. The Commission determined that the medical evidence did not support the need for the recommended surgeries for carpal tunnel syndrome as originally awarded.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Thomas Skornia for a left shoulder injury sustained on August 29, 2008, while employed as a sheet metal worker. The employee was found to have permanent total disability due to the combination of his shoulder injury and inability to return to his vocational occupation.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that a certified Nurse's Aide's exposure to repetitive use of both wrists and elbows at a nursing home constituted a compensable occupational disease. This temporary or partial award establishes liability and entitlement to benefits, with proceedings kept open for determination of final compensation amounts.

The Commission affirmed the ALJ's decision denying the employee's claim for benefits against the Second Injury Fund following a left shoulder injury sustained while moving file boxes. The employee failed to prove the presence of an actual and measurable disability prior to the work injury that would constitute a hindrance to employment, which is required to trigger Second Injury Fund liability.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Lynda R. Edwards for a work injury that combined with her preexisting disability, resulting in greater overall disability. The Second Injury Fund was ordered to pay permanent partial disability benefits of $13,534.95 based on a synergistic effect calculation combining 25% preexisting disability with 40% work-related disability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Albert Newhouse's carpal tunnel syndrome, a repetitive motion injury. The Commission rejected the Second Injury Fund's argument that occupational diseases cannot trigger Second Injury Fund liability under Missouri workers' compensation law.

The Commission affirmed the administrative law judge's award allowing compensation for Stephen L. Green's carpal/cubital tunnel syndrome as a subsequent compensable injury. The Second Injury Fund's argument that occupational diseases cannot qualify as compensable injuries under the Second Injury Fund statute was rejected, as the statutory definition of injury includes occupational diseases where specifically provided.

The Commission reversed the Administrative Law Judge's award that found the employee sustained both an accident and occupational disease injury to her right shoulder, determining instead that only the accident on April 13, 2009 was the prevailing factor causing her compensable injury. The Commission denied compensation for the claimed occupational disease and found the employee's right shoulder disability resulted from the accident injury, not repetitive work exposure.

The Commission affirmed the administrative law judge's award of 30% permanent partial disability for a right shoulder rotator cuff injury sustained when the employee threw a trash bag into a dumpster on April 13, 2009. The Commission substituted its own findings on the accident/occupational disease classification and medical causation issues while upholding the overall compensation award and Second Injury Fund liability determination.

The Labor and Industrial Relations Commission modified the administrative law judge's award, finding that the judge improperly excluded the employee's preexisting social phobia disorder from Second Injury Fund liability calculations. The Commission corrected the analysis of Second Injury Fund thresholds and determined that preexisting disabilities must be considered collectively rather than in isolation when determining fund liability.

The Commission affirmed the administrative law judge's award denying compensation, finding that the employee failed to prove he sustained an accident or occupational disease arising out of and in the course of his employment. The employee's claim for a 2005 left shoulder injury was rejected despite testimony from the employee and his physician regarding work-related aggravation.

The Commission affirmed the administrative law judge's award allowing compensation for an occupational pulmonary disease with a June 1, 2004 date of injury, finding workplace exposures were a substantial factor in the employee's condition. The employee was awarded 12.5% permanent partial disability, future medical care benefits of $4,559.83, and the Second Injury Fund was found liable for 24.03 weeks of permanent partial disability benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Patricia Payne for a work-related injury sustained on July 7, 1998, when she slipped and fell, striking her head, neck, and shoulder. The claimant was awarded compensation for 15% permanent disability to the body as a whole.

The Commission modified the ALJ's award by affirming that Midwest Builders Casualty Mutual is responsible for past medical expenses ($3,557.41) and mileage reimbursement ($477.95), but reversed the requirement that the employee reimburse the insurer. The decision found no statutory authority under Missouri Workers' Compensation Law to order an employee to reimburse an insurer in this manner.

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.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to employee Rodney Northcross for injuries sustained in an auto accident on August 29, 2003, while employed. The award includes permanent partial disability compensation totaling $46,011.68, with 30% shoulder disability and 5% body-as-a-whole disability, plus unpaid medical expenses and Second Injury Fund liability.

The Commission modified the ALJ's award regarding Second Injury Fund liability for an employee with multiple work-related injuries including a primary injury on April 19, 2007, combined with preexisting conditions affecting the knees, back, shoulders, and other body parts. Medical expert testimony indicated the employee is permanently and totally disabled as a result of the work-related injury combined with preexisting medical conditions, though the ALJ had initially awarded a 22% load factor rather than full permanent total disability benefits.

The Commission affirmed the administrative law judge's award allowing Second Injury Fund compensation for an employee with carpal tunnel syndrome in both wrists (15% permanent partial disability each) and significant preexisting disabilities in the shoulders and low back. The employee was entitled to 35.19 weeks of multiplicity compensation from the Second Injury Fund totaling $12,459.00.

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.

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.

The LIRC affirmed the administrative law judge's award of workers' compensation to Paula L. Johnson for a neck and shoulder injury sustained on March 29, 2003, while pulling stuck shopping carts apart at Wal-Mart. The Commission corrected the calculation of temporary total disability benefits from $3,215.22 to $2,143.71, resulting in a total award of $69,860.74.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Velvet Grant for an alleged occupational disease to her hands and wrists sustained while performing office work. The Commission found that the injury did not arise out of and in the course of employment and was not compensable under Missouri Workers' Compensation Law.

The Commission modified the Administrative Law Judge's award denying compensation to employee Dolores Woolery for an alleged occupational disease, finding that her husband qualified as a dependent as of the claimed injury date of August 22, 2000, despite the ALJ's initial denial. The case involves disputed issues of medical causation, whether an accident or occupational disease arose out of employment, and liability for future medical care and Second Injury Fund coverage.

The Commission affirmed the Administrative Law Judge's award granting permanent total disability benefits to employee Mose Hopkins for occupational lung disease caused by inhalation of welding fumes during his employment. Benefits commenced April 1, 2003, and are payable for the claimant's lifetime.