rotator cuff tear

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.

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.

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.

The Commission modified the ALJ's award, finding the Second Injury Fund liable for 10.775 weeks of permanent partial disability benefits instead of 6.4 weeks. The Commission corrected the application of statutory thresholds by considering all of the employee's preexisting disabling conditions in aggregate rather than in isolation, including preexisting ankle and wrist conditions totaling 74.75 weeks.

The Commission modified the Administrative Law Judge's award, finding the Second Injury Fund liable for permanent partial disability benefits by correctly applying the 50-week threshold to all of the employee's preexisting conditions rather than evaluating them in isolation. The Commission affirmed that the employee was not permanently and totally disabled but increased the award by including preexisting depression and applying a 15% multiplicity factor for bilateral wrist disability.

The Commission affirmed the administrative law judge's award of 30% permanent partial disability for a right shoulder rotator cuff injury sustained when the employee threw a trash bag into a dumpster on April 13, 2009. The Commission substituted its own findings on the accident/occupational disease classification and medical causation issues while upholding the overall compensation award and Second Injury Fund liability determination.

The Commission reversed the Administrative Law Judge's award that found the employee sustained both an accident and occupational disease injury to her right shoulder, determining instead that only the accident on April 13, 2009 was the prevailing factor causing her compensable injury. The Commission denied compensation for the claimed occupational disease and found the employee's right shoulder disability resulted from the accident injury, not repetitive work exposure.

The Commission affirmed the administrative law judge's award of 56.6 weeks of permanent partial disability benefits to Dorothy Turner, with the Second Injury Fund found liable. The Commission rejected the Second Injury Fund's argument that preexisting conditions must individually meet statutory thresholds, clarifying that the Second Injury Fund's purpose is to compensate disability resulting from the combination of a work injury with preexisting disabilities.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Dean Vermillion for a fall injury sustained on August 2, 2007. The claimant was awarded permanent partial disability benefits of 17.5% and permanent total disability benefits payable by the Second Injury Fund for his lifetime.

The Commission modified the administrative law judge's award, affirming Second Injury Fund liability for permanent total disability benefits due to the combination of the primary occupational disease (bilateral knee injury from work activity) with the employee's preexisting bilateral shoulder conditions. The Commission clarified that an occupational disease becomes a compensable injury only when it becomes disabling, and determined the proper date of injury for Second Injury Fund analysis purposes.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for a lumbar spine injury sustained on October 3, 2001, finding the employee proved medical causation and is permanently and totally disabled due to the combination of his primary injury and preexisting conditions. The Second Injury Fund was held liable for permanent total disability benefits, with the employee awarded 35% permanent partial disability of the body as a whole referable to his lumbar spine.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Melicia Lytle for an alleged repetitive strain injury to her right shoulder and elbow from operating a mechanical lift lever. The injury was found to not arise out of and in the course of employment, resulting in no compensation awarded.

The Commission affirmed the administrative law judge's decision denying compensation to employee Arsenio Arciga for shoulder injuries allegedly sustained on February 23, 2010, while assisting a coworker. The Commission found the ALJ's 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 for Melody Hannon's right shoulder injury caused by repetitively lifting motors at Regal Beloit Corporation. The claimant was awarded 46.40 weeks of permanent partial disability compensation, 27 weeks of temporary total disability, and $22,775.96 in unpaid medical bills.

The Missouri LIRC modified the administrative law judge's award regarding Second Injury Fund liability for an employee who sustained a 10% permanent partial disability of the low back from a work injury on May 20, 2006. The employee had multiple preexisting conditions including prior shoulder, knee, and ankle injuries, and was entitled to compensation from the Second Injury Fund based on the nature and extent of the primary injury combined with preexisting disabilities.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to employee Rodney Northcross for injuries sustained in an auto accident on August 29, 2003, while employed. The award includes permanent partial disability compensation totaling $46,011.68, with 30% shoulder disability and 5% body-as-a-whole disability, plus unpaid medical expenses and Second Injury Fund liability.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to James Vann for a left shoulder injury sustained on February 1, 2007, while attempting to close an overhead door at work. The employee was found to have 23.7% permanent disability and is entitled to ongoing weekly compensation benefits of $348.29 for life, with additional support from the Second Injury Fund.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Teresa Carkeek's cervical spine injury sustained on December 13, 2006, when she tripped on debris while pushing a buggy at work. The Second Injury Fund was held liable for 20 weeks of compensation at $376.55 per week, totaling $7,531.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to Randy Doran for a claimed shoulder injury and depression, finding he failed to prove the requisite causal connection between his work and the injuries. The Commission found Dr. Haupt's orthopedic surgery opinion more credible than Dr. Volarich's opinion, noting that Dr. Volarich was misled regarding the employee's use of a slide hammer tool and lacked detailed knowledge of the actual work mechanics involved.

The Commission modified the administrative law judge's December 2, 2009 award in a workers' compensation case involving a right shoulder injury sustained by journeyman lineman Jack Sanderson on January 14, 2004. The case addressed medical causation, past medical expenses, future medical care, temporary total disability, and permanent partial disability benefits, with the employee appealing the award of temporary total disability benefits and past medical expenses.

The Commission modified the Administrative Law Judge's award by affirming the 35% right upper extremity permanent partial disability benefits but reversing the award of costs and attorney fees. The Commission found that while the employee established entitlement to workers' compensation benefits, the employer/insurer had reasonable grounds for defending the claim.

The Commission affirmed the Administrative Law Judge's award denying compensation in this workers' compensation case involving a left thumb injury sustained by Samuel Watson on December 22, 2006. Although the injury was found to be compensable and arose out of employment, no additional benefits were awarded as temporary disability and medical expenses had already been paid.

The Commission affirmed the administrative law judge's award granting workers' compensation benefits for cervical strain, left shoulder girdle strain, and cubital tunnel syndrome resulting from a December 2, 2004 work accident. The employee was awarded past medical expenses, 8 and 5/7 weeks of temporary total disability benefits, and permanent partial disability awards totaling 12.5% for neck, 10% for left shoulder, and 19% for left elbow, while claims for cervical instability and other conditions were denied as unrelated to the work injury.

The Commission affirmed the Administrative Law Judge's decision denying additional workers' compensation benefits to Robert Hemp for a work-related injury sustained on August 8, 2001, while tightening a bolt at Christy Minerals Company. Although the injury to the right shoulder and associated conditions were deemed compensable, no additional compensation was awarded as all benefits had been previously settled.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding that Melvin Shomaker's right shoulder injury sustained while dragging and pulling gasoline hoses for Home Service Oil Company was compensable. The award includes $20,568.29 in unpaid medical expenses, 48 weeks of temporary total disability benefits of $28,399.20, and future medical care, with the case remaining open for further orders.