degenerative disc disease

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 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 Commission modified the Administrative Law Judge's award by reversing an improper 25% penalty on temporary total disability benefits, finding that penalties under § 287.560 RSMo can only award the whole cost of proceedings, not a percentage of benefits. All other aspects of the ALJ's award allowing compensation to employee Dennis Bales were affirmed.

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.

The Commission affirmed the administrative law judge's finding that the employee is permanently and totally disabled, but clarified that the Second Injury Fund is not liable because the permanent total disability did not result from a combination of the primary injury and preexisting disabilities. The Commission remanded the case to address Second Injury Fund liability for permanent partial disability benefits, which the administrative law judge had failed to resolve.

The Commission affirmed the ALJ's denial of workers' compensation benefits, finding that the employee failed to prove his fall injury arose out of and in the course of employment. The decision established that absent proof of a work-related accident, analysis of idiopathic causes is unnecessary and improper.

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to Doug Nord for an alleged low back injury sustained from repetitive use and traumatic impact while riding in fire trucks on March 31, 2006. The case was determined not to constitute a compensable injury under Missouri law, with no accident or occupational disease found to have occurred in the course of employment.

The Commission affirmed the Administrative Law Judge's award of permanent total disability compensation to Sandra Roberts for a compensable low back injury sustained on December 21, 2004, when she was struck by a rack while tying electrical boxes. The employee was awarded ongoing medical benefits and temporary total disability compensation already paid, with the Second Injury Fund found to have no liability.

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits for an employee who slipped and fell, injuring his lower back on December 28, 2007. The Second Injury Fund was found liable for permanent total disability compensation with an average weekly wage of $3,000.00.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Steven Polkinghorne for a back injury sustained on March 1, 2007, while working on a retention pond. The majority found the ALJ's award supported by competent evidence, though a dissenting opinion argued the work activities were the prevailing factor in causing the employee's lumbar disc herniations.

The Missouri LIRC affirmed the administrative law judge's award of workers' compensation benefits to Robert L. Treadway for a work-related injury sustained on May 8, 2008, while also approving the attorney's fee as fair and reasonable. The case involved analysis of Second Injury Fund liability in relation to the employee's preexisting disabilities.

The LIRC affirmed the administrative law judge's award of workers' compensation benefits to Robert Groves, a ramp service agent who sustained a compensable occupational disease injury to his low back from heavy, repetitive lifting in awkward positions. The claimant was awarded permanent total disability benefits, past medical expenses of $21,576.03, and 266 1/7 weeks of temporary total disability compensation totaling $88,292.

The Commission modified the ALJ's award regarding a lower back injury sustained by employee Connie Johnson on October 9, 2005, while lifting a table at work. The decision addresses the extent of permanent partial disability and medical benefits based on medical evidence showing significant improvement and maximum medical improvement reached in May 2006.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Stanley Chubb's lumbar spine injury sustained in a work accident on August 7, 2003. The Commission found the administrative law judge's decision was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

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.

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 Labor and Industrial Relations Commission modified the administrative law judge's award, finding that the Second Injury Fund was liable for permanent partial disability benefits and rejecting the judge's improper analysis of threshold requirements for triggering Second Injury Fund liability. The Commission affirmed that the employee failed to prove permanent total disability but clarified that preexisting conditions need not individually meet statutory thresholds to be considered in Second Injury Fund liability analysis when they synergistically combine with the primary work injury.

The Commission modified the ALJ's award, affirming that the employee is permanently and totally disabled but reducing the apportionment of permanent partial disability attributable to the primary injury. The Commission found the ALJ's assessment of psychiatric disability (30%) excessive and credited Dr. Stillings' more conservative opinion of 3% psychiatric disability over Dr. Sky's assessment, while also addressing the lumbar spine disability component.

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 Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Thomas Greco's cervical spine injury sustained on November 26, 2004 while unloading a pallet jack. The award included permanent total disability benefits from the Second Injury Fund with ongoing lifetime compensation of $675.90 weekly following an initial 120-week period.

The Commission affirmed the administrative law judge's award allowing compensation for an occupational disease to the employee's low back arising from repetitive lifting of plywood at a banding machine. The employee was found to be permanently and totally disabled as a result of the primary back injury combining with preexisting disabilities to the knee, shoulder, ankles, and hearing.

The Commission affirmed the administrative law judge's award finding that the employee's August 18, 2005 work accident substantially contributed to his back complaints and resulted in 45% permanent partial disability of the left shoulder. The employee was found to be permanently and totally disabled as a result of his primary injuries combining with preexisting disabilities.

The Commission affirmed the Administrative Law Judge's award denying all workers' compensation benefits to Gary Cole for injuries allegedly sustained from a fall off a plant roof on August 2, 1999. Although the fall was determined to be work-related and arose out of employment, no compensation was awarded due to insufficient evidence of compensable injury.

The Commission affirmed the administrative law judge's award of permanent total disability benefits to Texas Martin for a work-related lumbar spine injury, finding he is permanently and totally disabled due to the combination of the last injury and preexisting conditions. The Commission supplemented the award by finding a 9.5% permanent partial disability of the body as a whole referable to the lumbar spine from the primary injury alone, with the Second Injury Fund ordered to pay weekly benefits of $317.74 for life.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Thomas Middleton for a work-related back injury involving degenerative disc disease. The majority found no entitlement to permanent total disability benefits from the Second Injury Fund, though a dissenting opinion argued the decision was erroneous and should have been reversed.