low back pain

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 Missouri LIRC modified the ALJ's award to allow compensation for medical expenses from seven additional health care providers beyond the one provider awarded by the ALJ, totaling $51,143.58 in medical bills related to the employee's work-related hip injury. The employee slipped and fell on August 3, 2009, requiring five surgical procedures including a total hip replacement, and the Commission determined sufficient evidence existed to award reimbursement for all credibly documented medical expenses related to the injury.

The Commission affirmed the administrative law judge's denial of the employee's workers' compensation claim, finding that the employee failed to establish a compensable accident. The employee's testimony regarding an alleged January 16, 2007 groin injury while picking up an engine head was found to be lacking in credibility due to numerous inconsistencies with medical records and contradicted by witness testimony from supervisors and coworkers.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Alfred Mallot's low back injury sustained on January 6, 2009, while loading pipe. The Second Injury Fund was held liable for lifetime weekly differential payments of $320 per week after an initial 50-week period beginning May 7, 2009.

The Commission affirmed the administrative law judge's award denying workers' compensation benefits, finding that the employee failed to prove a work-related lower back injury on September 24, 2009. The employee's own medical expert testified that any lumbar injury occurred on a later date (November 9, 2009), not from the alleged September 24, 2009 accident.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award granting permanent total disability benefits to truck driver Victor Richardson for injuries sustained in a motor vehicle accident on September 28, 2005. The employee is entitled to weekly permanent total disability benefits of $696.97 for the remainder of his life, plus ongoing necessary medical treatment related to the accident.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Everett Mitchell for an alleged lifting incident on March 13, 2008. The decision found no medical causal relationship between the lifting incident and the employee's spinal condition, with the orthopedic surgeon's opinion that the incident was not the prevailing factor in causing the current spine condition.

The Commission modified the administrative law judge's award, finding that the employee sustained a work-related back injury in January 2006 with 20% permanent partial disability, and that an intervening injury in June 2006 broke the chain of medical causation for additional compensation. The Commission rejected the ALJ's unsupported finding of preexisting disability and determined medical causation based on credibility findings favoring employer's medical experts over employee's experts.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Nelson Gibler for a work-related injury on May 22, 2000, while addressing Second Injury Fund liability issues. The decision determined that while the employee had preexisting low back pain and depression, these conditions did not constitute disability sufficient to trigger Second Injury Fund liability for enhanced benefits.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Jerry Dillon for an alleged injury sustained while lifting a door. No benefits were awarded as the injury was determined not to be compensable under Missouri Workers' Compensation Law.

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 Missouri LIRC modified the administrative law judge's award regarding future medical treatment in Linda Thompson's workers' compensation case from March 8, 2010. The Commission clarified that the employee is entitled to all reasonably required medical treatment to cure and relieve the effects of her injury, without the restriction of requiring a qualified surgeon other than Dr. Chabot.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Carl Douthit for a right upper extremity injury sustained on May 20, 2009, when he tripped over metal while carrying a door. The injury was found to be compensable and to have arisen out of and in the course of his employment with Bi-State Development Agency.

The Commission modified the Administrative Law Judge's award by affirming that the employee is entitled to additional medical treatment for his work-related injury from June 9, 2008, but reversed the requirement that treatment be provided by a specific physician, holding that the employer retains its right to select the treating physician. The Commission found that the employee failed to prove the employer waived its right to direct medical treatment and that the statute does not authorize appointment of a specific doctor.

The Commission modified the ALJ's award by allowing the employer a full credit for medical benefits paid to the professional athlete employee under contract, in addition to salary continuation benefits previously allowed. The employee was awarded permanent partial disability benefits for low back and right hip injuries sustained on May 3, 2002, along with future medical care coverage.

The Missouri LIRC affirmed the Administrative Law Judge's award of workers' compensation benefits for Robert Smyth's work-related low back injury sustained on March 29, 2005. The Commission found the ALJ's decision was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law, despite a dissenting opinion arguing for permanent total disability benefits.

The Commission affirmed the administrative law judge's award denying compensation, finding that the employee was permanently and totally disabled before suffering the work-related rotator cuff injury and therefore not entitled to benefits. The employee failed to disclose his pre-existing back condition, social security disability status, and daily narcotic pain medication use to the employer, which would have prevented his hire for the hazardous materials handling position.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Melvin Stark for a low back injury sustained on May 10, 2005, while installing a galvanized steel laundry chute at his workplace in Pulaski County, Missouri. The injury resulted in permanent total disability, and the Commission found the award was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Robert Taylor for a right ankle injury sustained on October 13, 2003, while employed at QuikTrip. The employee was awarded permanent partial disability benefits of 15 percent to the right lower extremity and 5 percent to the body as a whole, resulting from cumulative trauma caused by standing and constant turning and twisting movements required during work shifts.

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 Missouri LIRC affirmed the administrative law judge's decision denying workers' compensation benefits to employee John Shelton, finding that the employer's post-injury drug and alcohol testing policy was valid. The dissenting opinion argued for reversal, contending that the employer failed to meet its burden of proving the employee forfeited benefits due to test refusal.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in full. The claim was denied because the alleged back injury on May 21, 2001 did not arise out of and in the course of employment.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Larry D. Balch for a low back injury sustained on March 20, 2001, while lifting hoses for an air compressor. The employee was awarded 120 weeks of permanent partial disability compensation totaling $37,711.20, with medical benefits of $247,719.45 already paid by the insurer.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Eli Sell's work-related back injury sustained on May 29, 2006, which resulted in permanent partial disability of 20% of the body as a whole. The decision upheld liability for future medical treatment, temporary total disability benefits from May 30, 2006 through February 19, 2008, and permanent partial disability benefits despite the employer's argument regarding inadequate notice of the injury.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Robin Crank for a fall injury sustained on June 16, 2003, while putting on booties at work. The claimant was awarded 60 weeks of permanent partial disability benefits at 15% permanent disability with a weekly compensation rate of $226.66.