Paul Huck

The Labor and Industrial Relations Commission modified the Administrative Law Judge's temporary award, agreeing that the employee's February 27, 2011 injury was compensable and affirming the award of future medical care. However, the Commission reversed the finding that the insurer should pay employer and employee's reasonable attorney fees and expenses, determining the insurer's defense was not egregious or without reasonable grounds.

The Commission modified the Administrative Law Judge's award by affirming that the employee is entitled to additional medical treatment for his work-related injury from June 9, 2008, but reversed the requirement that treatment be provided by a specific physician, holding that the employer retains its right to select the treating physician. The Commission found that the employee failed to prove the employer waived its right to direct medical treatment and that the statute does not authorize appointment of a specific doctor.

The Commission reversed the Administrative Law Judge's denial of workers' compensation benefits, finding that the employee's October 29, 2006 work accident (while washing a patrol car windshield) was the prevailing factor in causing his cervical spine condition. The case involved determining medical causation for a neck injury claim that the ALJ had previously rejected based partly on the employee's prior workers' compensation settlement from an unrelated 2002 motor vehicle accident.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Kathy Meyer, who sustained injuries from an automobile accident on January 30, 1998 while employed by Pyramid Home Care, Inc. The employee was awarded compensation for temporary and permanent partial disability along with necessary medical benefits totaling over $262,000.

The Commission reversed the administrative law judge's award and found that employee Shelly Martin suffered work-related back injuries on June 11, 2002, and January 14, 2003, while employed at Mark Twain Caring Center. The Commission determined that employer failed to provide necessary medical treatment and must furnish additional medical care under the direction of Dr. Gornet.

The Commission affirmed the administrative law judge's decision that the employee's alleged back injury from pulling bags of trash did not arise out of and in the course of employment and therefore was not compensable. No workers' compensation benefits were awarded in this case.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to James V. Parrot for an injury on December 26, 2004, finding he failed to meet his burden of proof that he was in the course of employment at the time of the accident. The Commission determined the employee was not engaged in performing employment duties because he had discretion to respond to an emergency call and there was no evidence he actually responded to or intended to respond to the call.

The Commission affirmed the administrative law judge's award of workers' compensation for Glenn Fernau's March 22, 2003 workplace injury, but modified the disability rating for low back and hip injuries from 15% to 5% of the body as a whole based on evidence of walking and sleeping difficulties. The employee was awarded 392 weeks of permanent partial disability with benefits including compensation for shoulder, back, hip, psychiatric, and facial injuries.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation benefits to employee Lawana F. Rowland for a left knee injury sustained on February 5, 2002 at Presbyterian Children Services. Although the Commission found the injury arose out of and in the course of employment, no compensation was awarded due to lack of permanent disability or other compensable consequences.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award in a workers' compensation case involving employee William R. Davis and employer J. T. Pitts for an injury sustained on October 31, 2001. The decision addressed whether the employer was entitled to a 15% reduction in compensation under Section 287.120.6(1) RSMo based on the employee's violation of the employer's alcohol policy.