depression

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 Commission affirmed the administrative law judge's award finding the employee permanently and totally disabled due to a combination of the work-related herniated disc injury and preexisting conditions. The Commission rejected the Second Injury Fund's argument that expert testimony should be excluded merely because experts declined to answer hypothetical questions about disability from the work injury alone.

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 Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's corrected award of workers' compensation after the Missouri Court of Appeals for the Southern District dismissed the employer's appeal for lack of finality, finding the award incomplete due to a pending motion to commute. Following the employee's withdrawal of the motion to commute on July 3, 2012, the Commission issued a final award affirming the corrected award and allowing compensation.

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.

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 Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to James Hoerschgen, finding that work-related stress was not a substantial factor in his depressive condition and failed to meet the extraordinary stress standard. The Commission determined the employee was not entitled to medical treatment, temporary total disability benefits, or permanent disability benefits, and the Second Injury Fund had no liability.

The Missouri Court of Appeals remanded the case for reconsideration of the Second Injury Fund's synergistic combination argument, and the Commission affirmed the administrative law judge's denial of compensation. The Commission found the employee had a 5% preexisting permanent partial disability of the right shoulder at the time of his 2003 work injury.

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 award of workers' compensation benefits to Francisco Gomez for a low back injury sustained on August 25, 1998, while removing a motor as a machine operator. The award includes 100 weeks of permanent partial disability compensation at $294.73 per week, totaling $29,473, plus previously paid temporary disability benefits of $21,318.21.

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 Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to employee Harry Bell for a low back injury sustained on September 23, 1999, while lifting a 50-pound bucket at work. The decision found that the employee's permanent total disability resulted from the combined effects of the primary lumbar spine injury and preexisting cervical spine and depression conditions, making the Second Injury Fund liable for benefits.

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 affirmed the amended award of the administrative law judge, rejecting the employee's argument that the employer waived its right to direct medical treatment under Missouri law. The decision clarifies that a temporary treatment gap does not constitute a waiver of the employer's statutory right to select healthcare providers, and employees who choose their own doctors without employer authorization bear their own costs unless the employer fails to provide necessary treatment.

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 affirmed the Administrative Law Judge's corrected award granting workers' compensation benefits to Todd Grauberger for a back injury sustained while moving furniture on November 19, 2001. The injury was found to be compensable, and the employee was awarded permanent total disability benefits with temporary disability compensation of $44,294.52 paid to date.

The Commission reversed the administrative law judge's decision and awarded permanent partial disability benefits, finding the employee sustained a 30% permanent partial disability of the body as a whole from her primary back injury and recognizing her preexisting cardiac condition as contributing to her overall disability. The decision rejected the ALJ's dismissal of Dr. Cohen's medical opinion regarding the employee's cardiac disability and found the Second Injury Fund liable for benefits.

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.

The Commission affirmed the administrative law judge's award of permanent total disability benefits to Linda Beard against the Second Injury Fund following her July 2005 slip and fall injury at a Hy-Vee bakery. The Second Injury Fund's arguments that the employee returned to work and continued overtime were rejected as insufficient to overcome the permanent total disability determination supported by competent and substantial evidence.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Paul Harvey's left knee injury sustained on January 24, 2002, while setting up fixtures at work. The award includes permanent partial disability benefits from the employer and permanent total disability benefits from the Second Injury Fund.

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.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to employee Odessa Current for injuries sustained in a February 6, 2004 work-related accident at Little Hills Health Care, LLC. The award combined the employee's primary injury with preexisting disabilities to establish Second Injury Fund liability, though a dissenting opinion argued for permanent total disability benefits rather than the enhanced permanent partial disability awarded.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Robert Bayer for a compensable work injury sustained on September 30, 2005, with a correction reducing permanent partial disability from 160 weeks to 120 weeks (30% of body as a whole). The corrected award provides 11 weeks of temporary total disability benefits ($5,554.12) and 120 weeks of permanent partial disability benefits ($43,809.60).

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to employee Elmer Leroy Harrison for a work-related injury sustained on February 21, 2007, while pushing a metal cart. The claimant was awarded permanent total disability benefits along with past temporary disability compensation and medical aid costs.