Jerry Harmison

The Commission affirmed the ALJ's denial of workers' compensation benefits, finding that the employee failed to prove his fall injury arose out of and in the course of employment. The decision established that absent proof of a work-related accident, analysis of idiopathic causes is unnecessary and improper.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Nanette J. Kirkey for alleged occupational exposure to mold while performing administrative duties. The Commission found that the injury did not arise out of and in the course of employment, rendering the claim non-compensable under Missouri workers' compensation law.

The LIRC affirmed the administrative law judge's award of workers' compensation to Paula L. Johnson for a neck and shoulder injury sustained on March 29, 2003, while pulling stuck shopping carts apart at Wal-Mart. The Commission corrected the calculation of temporary total disability benefits from $3,215.22 to $2,143.71, resulting in a total award of $69,860.74.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for William Bostic's left inguinal hernia injury sustained while removing a case of toaster strudel from a freezer shelf on December 15, 2005. One dissenting member argued the injury was not sufficiently proven to arise out of and in the course of employment under Missouri law.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Vannessa Crumpler for a diabetic seizure suffered while working at a Wal-Mart deli counter. The court found that the injury did not arise out of and in the course of employment and was therefore not compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision to deny workers' compensation benefits, finding that the alleged neck/left shoulder injury did not arise out of or in the course of employment. No compensation was awarded despite the employee's claim for an injury allegedly occurring on June 14, 2004, while performing phone and data entry work.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Elaine Casteel for a neck and shoulder injury sustained in a trip and fall accident on December 3, 2003. The claimant was awarded permanent partial disability benefits totaling 175.625 weeks across multiple body parts and disability levels, with partial liability assigned to the Second Injury Fund.

The Labor and Industrial Relations Commission modified the administrative law judge's award, adjusting the temporary total disability rate from $590.17 to $599.96 per week based on proper calculation of average weekly wages. The Commission affirmed all other findings and conclusions of the administrative law judge regarding the workers' compensation claim.

The Commission affirmed the Administrative Law Judge's decision holding Associated Wholesale Grocers Inc. liable for workers' compensation benefits for Harold Copeland's occupational disease claim of carpal tunnel syndrome, applying the 'last exposure rule' under Missouri law. The employee was last exposed to the hazard while employed at Associated in January 2000, even though he later filed his claim while working for Elite Logistics Inc.