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47 linked decisions in the archive.
Gervich v. Condaire, Inc.(2012)
September 19, 2012
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.
Doss v. St. Louis Public Schools(2012)
August 30, 2012
The Commission reversed the Administrative Law Judge's decision, finding that the employee met her burden of proving the December 21, 2007 workplace slip-and-fall accident was the prevailing factor in causing her low back medical condition and disability. The employee, a teacher's aide with prior back surgeries and injuries, is entitled to workers' compensation benefits for her resulting condition.
Gilbert v. Brundage Bone Concrete Pumping, Inc.(2012)
August 29, 2012
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.
Skornia v. American Mechanical, Inc.(2012)
June 6, 2012
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.
McNamara v. Board of Education of North Kansas City(2012)
May 31, 2012
The Commission modified the administrative law judge's award to clarify that the employee is permanently and totally disabled due to the work-related right shoulder injury considered alone, and remanded the Second Injury Fund liability question for further determination. The employee, injured in August 2001 while working as a bus monitor, suffered a serious shoulder injury requiring four surgeries including total shoulder replacement, resulting in debilitating ongoing pain.
McCoy v. Metaltek International(2012)
April 25, 2012
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.
Gomez v. Output Technologies(2012)
March 15, 2012#98-098680
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.
Reichardt v. Industrial Sheet Metal Erectors, Inc.(2011)
November 10, 2011
The Commission modified the Administrative Law Judge's award regarding a low back injury, finding that the employee's preexisting low back condition from 1999 lumbar fusion surgery should have been factored into the permanent partial disability analysis. The Commission awarded permanent partial disability benefits for the work-related low back injury and addressed Second Injury Fund liability related to the combination of preexisting and primary injuries.
Holzer v. St. Louis Cardinals(2011)
November 8, 2011
The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Alma Holzer for a left elbow injury sustained on June 30, 2006, when she was struck by a door at work. Benefits include permanent partial disability compensation previously paid by the employer/insurer and permanent total disability benefits from the Second Injury Fund due to the combination of the primary injury and pre-existing disabilities.
Duever v. All Outdoors Inc.(2011)
October 14, 2011
The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Joseph Duever for his work injury on February 19, 2007. The Commission clarified that future medical expenses should cover treatment reasonably required to cure and relieve the effects of the injury, rather than being limited to specific procedures outlined by a particular provider.
Jezich v. Lighthouse for the Blind(2011)
August 17, 2011
The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in this case involving a lumbar spine injury sustained by Robert Jezich on November 19, 2003, when he fell over a pallet of cans. Although the injury was found to be compensable and work-related, no compensation was awarded because the employer had previously settled its liability.
Johnson v. Jared Enterprises, Inc.(2011)
August 10, 2011
The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Robin Johnson's motor vehicle accident injury sustained while driving between work locations on May 23, 2008. The employee was determined to have permanent total disability with unpaid medical expenses of $154,480.27 and a weekly compensation rate of $220.00.
Steinmetz v. Interstate Brands Corporation(2011)
May 26, 2011
The Commission affirmed the administrative law judge's award of workers' compensation benefits to Betty Steinmetz for injuries sustained in a work accident on April 17, 2006, when she tripped at work, resulting in a right rotator cuff tear and spine injuries. The employee was found to be permanently and totally disabled due to the combination of work injuries and preexisting conditions, with the Second Injury Fund liable for lifetime permanent total disability benefits.
Claspill v. Fed Ex Freight East, Inc.(2011)
April 19, 2011
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.
Powell v. West Plains Bridge and Grading(2011)
January 19, 2011
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.
Porting v. Contractors and Municipal Sweeping(2010)
June 17, 2010
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying all workers' compensation benefits to David M. Porting for an occupational disease (infected blister on right big toe) that occurred on March 1, 2003. Although the injury was found to be compensable and work-related, no compensation was awarded due to the finding that there was no permanent disability or temporary disability warranting benefits.
Gervich v. Condaire, Inc.(2010)
April 7, 2010
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.
Cook v. Calmar - St. Gobain(2010)
January 20, 2010
The Commission reversed the administrative law judge's decision denying the employee's claim against the Second Injury Fund as time-barred. Following the Grubbs v. Treasurer of Missouri precedent, the court determined that a Stipulation for Compromise Settlement with the employer constitutes a 'claim for compensation' that resets the filing deadline for claims against the Second Injury Fund.
Savage v. Breckenridge Materials(2009)
October 7, 2009
The Commission affirmed the administrative law judge's award of workers' compensation benefits for Garold Savage's left knee injury sustained on May 3, 2007, during employment. The employee received permanent partial disability benefits from the employer and permanent total disability benefits from the Second Injury Fund due to a combination of the primary injury and pre-existing conditions.
Eiken v. Harley Davidson Motor Co.(2009)
September 1, 2009
The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Scott L. Eiken's back injury sustained on April 27, 2004, while lifting a wheel assembly at the Harley Davidson Motor Co. facility in Kansas City, Missouri. The employee was awarded 3% permanent partial disability compensation along with temporary disability benefits already paid, with medical expenses fully covered by the insurer.
Harbas v. Bethesda Health Group, Inc.(2009)
May 20, 2009
The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Zemir Harbas for a work-related injury sustained on November 21, 2004. The decision rejected vocational expert opinions that were based on medical opinions found not credible, finding instead that the employee sustained no permanent partial disability to his legs or body as a result of the workplace accident.
Johnson v. Wal-Mart Associates, Inc.(2009)
April 8, 2009
The Commission affirmed the administrative law judge's decision denying Second Injury Fund liability and finding the employee permanently and totally disabled from the last accident alone. The case involved a March 29, 2003 workplace injury at Wal-Mart in Camden County, Missouri, with both employer and insurer having reached a tentative settlement.
Kliethermes v. ABB Power T & D(2009)
February 24, 2009
The Missouri LIRC reversed the administrative law judge's prior denial and awarded benefits to Ronald Kliethermes for heart arrhythmias (atrial fibrillation and atrial flutter) worsened by an on-the-job electrical shock. The court found that the employee established a substantial causal connection between the electrical shock and the need for pacemaker implantation, constituting a compensable change in pathology.
Gremminger v. Quality Carriers Incorporated(2009)
February 20, 2009
The Commission modified the administrative law judge's award, concluding the employee is entitled to permanent total disability against the Second Injury Fund rather than permanent partial disability enhancement. The employee suffered a work-related left eye injury on February 17, 2004, while working as a truck driver, which resulted in significant vision loss that prevented him from safely continuing his employment.
Tinnin v. Daimler Chrysler(2008)
November 26, 2008#05-017768
The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for employee Nolan Tinnin for an occupational disease involving repetitive work activity affecting his cervical and lumbar spine, with 12.5% permanent partial disability awarded. The case involved the Second Injury Fund and was settled with the self-insured employer.