OTT LAW

Employer/Insurer Attorney

Frank Rodman

7 linked decisions in the archive.

Smith v. W. W. Wood Products, Inc.(2011)

October 14, 2011

affirmed

The Commission affirmed the administrative law judge's award allowing compensation for an occupational disease to the employee's low back arising from repetitive lifting of plywood at a banding machine. The employee was found to be permanently and totally disabled as a result of the primary back injury combining with preexisting disabilities to the knee, shoulder, ankles, and hearing.

occupational disease5,548 words

Clark v. Superior Essex(2011)

September 1, 2011

affirmed

The Commission affirmed the Administrative Law Judge's award of workers' compensation for Willie Clark's work-related cervical and lumbar spine injuries, finding 20% permanent partial disability for the primary injury and 15% enhanced permanent partial disability against the Second Injury Fund when combined with preexisting bilateral shoulder disabilities. The Commission rejected the employee's claim for permanent total disability, finding that medical evidence supported the ALJ's conclusions regarding work capacity.

cervical and lumbar spine9,252 words

Martin v. Workforce, Inc.(2011)

August 17, 2011

affirmed

The Commission affirmed the administrative law judge's award of permanent total disability benefits to Texas Martin for a work-related lumbar spine injury, finding he is permanently and totally disabled due to the combination of the last injury and preexisting conditions. The Commission supplemented the award by finding a 9.5% permanent partial disability of the body as a whole referable to the lumbar spine from the primary injury alone, with the Second Injury Fund ordered to pay weekly benefits of $317.74 for life.

back6,858 words

Thompson v. Super 8 Motel(2011)

July 26, 2011

affirmed

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Dorothy Thompson for a lumbar spine injury sustained when she slipped on a mat at work on August 30, 2002. The employee was awarded permanent total disability benefits from the Second Injury Fund beginning May 23, 2008, with her initial claim against the employer-insurer settled by compromise agreement.

back2,981 words

Kelleybrew v. Plastene Supply Company(2009)

December 4, 2009

affirmed

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits despite finding the employee sustained compensable low back and lung injuries from repetitive work and chemical exposure. Although permanent partial disability was assessed at 12.5% for the back and 3.95% for the lungs, no compensation was awarded.

occupational disease19,854 words

Kinsey v. Buchheit Enterprises, Inc.(2009)

August 12, 2009

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of permanent partial disability benefits for an employee's May 26, 2004 work accident involving shoulder injury. The Commission rejected the dissenting opinion's argument for permanent total disability, finding the partial disability award supported by competent and substantial evidence.

shoulder9,470 words

Hillis v. City of Cape Girardeau(2007)

December 7, 2007

affirmed

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for James Hillis's alleged low back injuries from October 2002 and January 2003. The Commission found that the injuries did not arise out of and in the course of employment, and the employee's claims against the employer were settled by compromise settlement agreement prior to hearing.

back9,366 words