Gregg Johnson

The Commission affirmed the Administrative Law Judge's award finding the Second Injury Fund liable for 30.04 weeks of permanent partial disability benefits for the employee's bilateral elbow occupational disease injury in combination with preexisting disabling conditions. The Commission rejected the Second Injury Fund's arguments that occupational disease injuries do not qualify as compensable injuries triggering Second Injury Fund liability under Missouri law.

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 Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to Richard Grill for a low back injury sustained while lifting a 55-gallon drum of glue on February 16, 2004. The Second Injury Fund was held liable for permanent total disability compensation with a 35% permanent partial disability rating of the body as a whole referable to the low back.

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 Labor and Industrial Relations Commission modified the administrative law judge's award regarding Debra Arnold's workers' compensation case, primarily correcting the future medical care provision to remove the requirement that treatment be recommended by Dr. Volarich, an independent medical evaluator rather than a treating physician. The Commission affirmed the finding that Arnold is permanently and totally disabled as a result of her work-related injury and made clarifying technical modifications to the award.

The Labor and Industrial Relations Commission affirmed the administrative law judge's January 6, 2011 award allowing workers' compensation benefits to Barbara A. Boone for an occupational disease that arose out of her employment with the Missouri Department of Corrections on August 7, 2007. The Commission modified the decision only to clarify jurisdictional authority regarding future disputes related to medical aid.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits for Richard B. Hafley's right ankle and foot injury sustained on August 4, 2009, while one member dissented, arguing for a higher permanent partial disability rating of 20% rather than the awarded 2.5%. The decision found the injury compensable and the award supported by competent and substantial evidence, though the dissenting opinion criticized the assessment of permanent partial disability benefits.

The Missouri LIRC affirmed the ALJ's award of workers' compensation for Richard B. Hafley's occupational disease (bilateral plantar fasciitis) arising from his employment, finding the evidence supported compensability and permanent partial disability ratings. One commissioner dissented, arguing the ALJ's disability ratings of 7-9% were inadequate compared to the medical evidence supporting 15% permanent partial disability.

The Commission affirmed the administrative law judge's denial of the employee's claim against the Second Injury Fund, finding that the employee is permanently and totally disabled as a result of the August 16, 2004 accident considered alone, not in combination with preexisting conditions. The Commission issued a supplemental opinion to clarify the findings of fact and conclusions of law required by statute.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for Keith Bales, who alleged a slip and fall injury on a wet floor in a power plant on May 9, 2003. The claim was denied as the injury was determined not to be compensable under Missouri workers' compensation law.