lumbar 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 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.

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 award of permanent total disability benefits to Ted Jackson against the Second Injury Fund. The decision rejected the Second Injury Fund's argument that Jackson's disability resulted solely from his last injury, finding instead that his preexisting disabilities synergistically combined with the last injury to cause his permanent total disability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Mohamed El Karanchawy for an alleged back and abdominal injury sustained while lifting boxes at work. The Commission found that the injury did not arise out of and in the course of employment, making it non-compensable under Missouri workers' compensation law.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Tommy Mittenburg for an alleged back injury on December 14-16, 2009. The denial was based on findings that the employee did not sustain an accident and failed to comply with statutory written notice requirements.

The Commission reversed the Administrative Law Judge's award of workers' compensation benefits to employee Tommy Mittenburg for a work-related back injury sustained on September 3, 2010. The case involved disputed issues regarding whether the accident was compensable, notice requirements, and causation of the L4-5 lumbar condition.

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 denying workers' compensation benefits to Gina Burkes, finding that no compensable injury or occupational disease occurred on May 24, 2009. The employee failed to establish that an accident or occupational disease arose out of and in the course of her employment at Laurie Knolls Care Center.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Sharon M. Parker for injuries sustained on January 19, 2008, that combined with her preexisting disabilities. A dissenting opinion argued the employee should have been awarded permanent total disability benefits against the Second Injury Fund based on medical and vocational evidence.

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 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 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 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 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 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 Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to William D. Dobbs for a right knee injury sustained on October 30, 2002, when a concrete slab fell and struck his knee while he was moving it at work. The Commission found the injury compensable under Missouri law and approved the administrative law judge's award along with the attorney's fee as fair and reasonable.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for Steven Smithey's left elbow injury sustained on September 8, 2008, while unhooking a trailer. The case involved a finding of 15% permanent disability with the Second Injury Fund providing permanent total disability benefits.

The Commission affirmed the ALJ's denial of permanent total disability benefits against the Second Injury Fund, finding that the employee sustained no permanent disability from his work-related injury despite being permanently and totally disabled overall. The employee fell from a cinder block while changing air conditioning filters, suffering head trauma and lumbar strain, but was released from treatment with 0% impairment rating.

The Commission affirmed the Administrative Law Judge's decision denying Anthony Ladd's claim for enhanced permanent partial disability benefits against the Second Injury Fund for a 2006 left knee injury. The employee failed to prove that his preexisting disabilities combined with the 2006 injury to result in enhanced permanent partial disability meeting the statutory thresholds required for Second Injury Fund liability.

The Commission affirmed the Administrative Law Judge's decision denying compensation to Eugene Brown for an occupational injury sustained on August 15, 2005 while moving a table at his workplace. Although the injury was deemed compensable under Missouri law, no permanent disability was found to warrant ongoing compensation beyond the temporary disability and medical benefits already paid.

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 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.