cervical strain

The Commission modified the Administrative Law Judge's award by applying a $2,500.00 credit that the employer was entitled to against permanent partial disability benefits. The employee was awarded permanent partial disability benefits of 25% of the body as a whole for cervical spine injury and 5% for right shoulder injury sustained in a work-related incident on July 10, 2007.

The Commission affirmed the ALJ's award of permanent partial disability and permanent total disability benefits for a work-related neck injury with herniated disc, but modified the analysis regarding dependent benefits eligibility. The Supreme Court reversed the denial of continuing permanent total disability payments to the widow, holding that she was entitled to benefits as a dependent under the law in effect at the date of injury (April 6, 2006), prior to 2008 statutory amendments.

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.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to Christopher Lowe for an alleged accident on July 22, 2008. The Commission found that no compensable injury or occupational disease occurred and that the claim was not entitled to compensation under Missouri workers' compensation law.

The Commission affirmed the Administrative Law Judge's award of 12.5% permanent partial disability for a lumbar spine injury, finding the ALJ properly considered the evidence and did not substitute his own opinion for expert testimony. The employee's claim for permanent total disability benefits against the Second Injury Fund was denied because she failed to prove her inability to compete in the open labor market was solely due to the primary injury combined with preexisting disabilities, as the vocational expert's opinion improperly considered subsequent injuries occurring after the primary injury date.

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to Francisco Gomez for an upper back injury sustained on January 1, 1998, while working as a machine operator at Output Technologies. Although the injury was found to be compensable and work-related, no compensation was awarded.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that claimant Monika Chrismer's bursitis/tendonitis in her right upper extremity, caused by manipulating a bus door on December 1, 2009, was a compensable occupational disease. The award is temporary or partial, with proceedings kept open for further determination of future medical expenses and Second Injury Fund liability.

The Commission affirmed the Administrative Law Judge's award of workers' compensation for Willie Clark's work-related cervical and lumbar spine injuries, finding 20% permanent partial disability for the primary injury and 15% enhanced permanent partial disability against the Second Injury Fund when combined with preexisting bilateral shoulder disabilities. The Commission rejected the employee's claim for permanent total disability, finding that medical evidence supported the ALJ's conclusions regarding work capacity.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for Douglas Miniex, who sustained a work-related lumbar strain with disc protrusions when a truck cab he was riding in slammed back onto the pavement after crossing a collapsed section of street. The employee was found to have permanent partial disability and was permanently restricted from pushing, pulling, squatting, and lifting over 20 pounds, ultimately leading to his discharge by the employer.

The Commission reversed the ALJ's award of 18.63 weeks of compensation for synergistic disability combining a primary right hand injury (15% PPD) with preexisting pelvis, lumbar, and cervical spine disabilities. The case involved a dispute with the Second Injury Fund regarding the proper calculation of liability for the combined effect of the employee's injuries.

The Commission affirmed the administrative law judge's award of permanent total disability benefits to employee James Wilder resulting from a 2004 work injury, finding he is permanently and totally disabled due to the combination of the work injury and preexisting disabling conditions. The Second Injury Fund is liable for permanent total disability benefits, with the employer responsible for a 40% permanent partial disability of the left shoulder and 68.7% permanent partial disability of the body as a whole referable to the cervical spine.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Robert Gosche, who sustained injuries from a ceiling collapse while performing construction work at a Drury Inns facility on November 20, 2008. The award includes 60 weeks of permanent partial disability (15% PPD of low back) from the employer and permanent total disability benefits payable by the Second Injury Fund at $772.53 weekly for Gosche's lifetime.

The Labor and Industrial Relations Commission reversed the Administrative Law Judge's award of compensation for bilateral carpal tunnel syndrome, finding that the employee failed to establish medical evidence of a direct causal connection between the condition and his employment. The Commission determined that without competent medical testimony establishing the occupational disease was work-related, the award was not supported by substantial evidence.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Rick Powell for a left knee injury sustained on April 21, 2003, when he slipped on a screed machine at work. The award includes permanent partial disability compensation, permanent total disability benefits from the Second Injury Fund, and future medical treatment for the total knee replacement.

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 Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award finding Timothy C. Rader was an employee of Werner Enterprises entitled to workers' compensation benefits for a May 29, 2003 injury. The Commission rejected Werner's arguments that the award was erroneous or against the weight of evidence, upholding the determination of permanent total disability and entitlement to future medical benefits.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Sonia Revels for a right shoulder and cervical spine injury sustained on November 9, 2001, when a box fell while she was stacking boxes at Fulton State Hospital. The claimant was awarded permanent partial disability benefits of 111-1/7 weeks and permanent total disability benefits of $224.14 per week beginning June 4, 2003, for a total award of $51,321.

The Labor and Industrial Relations Commission modified the administrative law judge's January 8, 2010 award to clarify that the injury involved the neck and left shoulder from an occupational disease with onset on June 20, 1999. The Commission affirmed the allowance of attorney's fees and adopted the administrative law judge's findings except as modified herein.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding attorney fees in this workers' compensation case, reducing the fee cap and clarifying its application. The Commission affirmed the underlying compensability determination for an occupational disease injury occurring on May 7, 2004, but adjusted the attorney fee award from 25% (capped at 100 weeks) to 20% of benefits without a week-based limitation.

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 award denying the widow of a deceased employee continuing permanent total disability benefits that would have accrued after the employee's death. The decision applies the 2008 Missouri statutory amendments that rejected the Schoemehl decision and terminated dependents' rights to unaccrued permanent total disability compensation upon the injured employee's death.

The Missouri LIRC affirmed the administrative law judge's award of workers' compensation to Sonya Nebbitt for a compensable occupational disease injury when she was struck in the head and face by a prisoner on February 6, 2008. The employee was awarded 20 weeks of permanent partial disability benefits totaling $7,780.80, representing 5% permanent partial disability of the cervical spine.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Nathan Hempel, an electrician who suffered a closed head injury when he struck his head on an overhead steel beam while installing conduit on January 3, 2007. Benefits awarded include temporary disability compensation, permanent partial disability at 15% of body as a whole, and necessary medical expenses.

The Commission affirmed the administrative law judge's award granting workers' compensation benefits for cervical strain, left shoulder girdle strain, and cubital tunnel syndrome resulting from a December 2, 2004 work accident. The employee was awarded past medical expenses, 8 and 5/7 weeks of temporary total disability benefits, and permanent partial disability awards totaling 12.5% for neck, 10% for left shoulder, and 19% for left elbow, while claims for cervical instability and other conditions were denied as unrelated to the work injury.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Bobby Rowden, finding that no accident or occupational disease occurred that arose out of and in the course of employment. No compensation was awarded and the claim was determined to be non-compensable under Missouri Workers' Compensation Law.