James Avery

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for John King's left knee injury sustained on November 10, 2004 in the course of his employment. The Commission awarded 28.46 weeks of permanent partial disability compensation totaling $8,488.76 from the Second Injury Fund, in addition to the 24 weeks of permanent partial disability previously paid by the employer.

The Commission modified the Administrative Law Judge's award by applying a $2,500.00 credit that the employer was entitled to against permanent partial disability benefits. The employee was awarded permanent partial disability benefits of 25% of the body as a whole for cervical spine injury and 5% for right shoulder injury sustained in a work-related incident on July 10, 2007.

The Labor and Industrial Relations Commission reversed the administrative law judge's denial of compensation, finding that the denial was not supported by competent and substantial evidence. The employee, a 62-year-old laborer, sustained a work-related low back injury on July 25, 2006, while lifting a trash can, which was his fourth back injury, and sought permanent total disability benefits against the Second Injury Fund.

The Commission affirmed the ALJ's award of permanent partial disability and permanent total disability benefits for a work-related neck injury with herniated disc, but modified the analysis regarding dependent benefits eligibility. The Supreme Court reversed the denial of continuing permanent total disability payments to the widow, holding that she was entitled to benefits as a dependent under the law in effect at the date of injury (April 6, 2006), prior to 2008 statutory amendments.

The Commission modified the administrative law judge's award, finding that the employee's 2008 fall resulting in left knee and left elbow injuries was a natural consequence of her original 2007 right knee work injury, making the employer liable for both incidents despite separate compensation claims being filed. The employer's argument that filing separate claims precluded proving causal connection was rejected based on Missouri case law establishing that all natural consequences flowing from a compensable work injury are compensable.

The Commission reversed the Administrative Law Judge's decision, finding that the employee met her burden of proving the December 21, 2007 workplace slip-and-fall accident was the prevailing factor in causing her low back medical condition and disability. The employee, a teacher's aide with prior back surgeries and injuries, is entitled to workers' compensation benefits for her resulting condition.

The Labor and Industrial Relations Commission modified the ALJ's award, allowing compensation for a back injury sustained on September 28, 2007, when the employee picked up a wooden pallet at work. The employee, who has not worked since June 2008 due to ongoing severe back pain and related conditions, appealed the denial of permanent total disability benefits.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award of permanent total disability benefits by removing a 15% enhancement under § 287.120.4 RSMo that was inapplicable to claims against the Second Injury Fund, reducing the compensation rate from the enhanced amount to $233.00 per week. The Commission affirmed all other aspects of the administrative law judge's decision and approved the attorney's fee as fair and reasonable.

The Commission affirmed the Administrative Law Judge's award granting permanent total disability benefits to employee Bentley Gilbert, with the Second Injury Fund determined to be liable. The case involved a dispute over the weekly compensation rate for permanent total disability benefits, with the parties' stipulated rate of $340.12 upheld despite employee's later challenge.

The Commission modified the administrative law judge's award, finding the employee sustained a 40% permanent partial disability of the body as a whole referable to the low back and is permanently and totally disabled. The case involves disputes over liability between the employer and the Second Injury Fund for permanent total disability benefits, with the employee arguing the employer rather than the Fund should bear this liability.

The Commission affirmed the administrative law judge's award finding the employee permanently and totally disabled due to a combination of the work-related herniated disc injury and preexisting conditions. The Commission rejected the Second Injury Fund's argument that expert testimony should be excluded merely because experts declined to answer hypothetical questions about disability from the work injury alone.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation to Donald K. Shelton for a right clavicle injury sustained on December 6, 2002, while working as a field maintenance operator. The Commission found the injury compensable with 50% permanent partial disability of the right shoulder, with the claim against the Second Injury Fund being upheld.

The Commission affirmed the administrative law judge's denial of Second Injury Fund liability for an employee's left shoulder injury sustained on June 13, 2007, finding the employee failed to meet threshold requirements under Missouri law. The employee had a pre-existing left shoulder disability from a prior 2004 work injury and sustained only an additional 10% disability from the 2007 injury.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to employee Jimmie Stanford for a right shoulder injury sustained on September 1, 2006, while operating a chainsaw. The award includes permanent partial disability compensation of 45% of the right shoulder, temporary total disability benefits, and unpaid medical bills, totaling $78,350.81.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to elementary school teacher Cheryl Whitfield for a left wrist injury and psychiatric condition sustained when a student smashed her hand into a table on December 10, 2007. The claimant was awarded 5% permanent partial disability for the left wrist and 35% for body as a whole psychiatric injury.

The Commission modified the Administrative Law Judge's award by reversing an improper 25% penalty on temporary total disability benefits, finding that penalties under § 287.560 RSMo can only award the whole cost of proceedings, not a percentage of benefits. All other aspects of the ALJ's award allowing compensation to employee Dennis Bales were affirmed.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Paul Guinnip and finding that Steve Liles and Melissa Liles are personally liable for all awarded benefits based on piercing the corporate veil of Bannister Electrical and HVAC, LLC. The decision upheld the administrative law judge's determinations after reviewing Steve Liles's Application for Review challenging the piercing of the corporate veil.

The Missouri LIRC modified the ALJ's award to allow compensation for medical expenses from seven additional health care providers beyond the one provider awarded by the ALJ, totaling $51,143.58 in medical bills related to the employee's work-related hip injury. The employee slipped and fell on August 3, 2009, requiring five surgical procedures including a total hip replacement, and the Commission determined sufficient evidence existed to award reimbursement for all credibly documented medical expenses related to the injury.

The LIRC modified the ALJ's award to grant enhanced permanent partial disability benefits against the Second Injury Fund for an employee who injured her low back in December 2009 while assisting another nurse moving a patient. The employee, who was never released to return to work and experiences constant pain radiating to her hip and leg, sought permanent total disability benefits, with medical evidence attributing her restrictions to both her work-related back condition and fibromyalgia.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to William Tordt for a permanent total disability resulting from a fall on ice in the employer's sales lot on January 22, 2008. The employer and insurer are liable for permanent total disability payments of $472.56 per week beginning August 1, 2009, for the remainder of the claimant's lifetime.

The Labor and Industrial Relations Commission modified the administrative law judge's award, finding that the Second Injury Fund's liability should be increased by including employee's preexisting conditions (hearing loss, tinnitus, vertigo, hernia, low back, and left shoulder) as hindrances to employment. The Commission determined specific permanent partial disability percentages for each preexisting condition and rejected the administrative law judge's unexplained conclusion that these conditions did not constitute obstacles to reemployment.

The Commission reversed the Administrative Law Judge's award and denied the employee's claim against the Second Injury Fund for permanent partial disability benefits related to bilateral carpal tunnel syndrome and ulnar neuropathy. The Commission found that the employee failed to meet his burden of proving he had reached maximum medical improvement with regard to the primary injury, making the Second Injury Fund liability determination improper.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's corrected award of workers' compensation after the Missouri Court of Appeals for the Southern District dismissed the employer's appeal for lack of finality, finding the award incomplete due to a pending motion to commute. Following the employee's withdrawal of the motion to commute on July 3, 2012, the Commission issued a final award affirming the corrected award and allowing compensation.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Sally D. Swartz, who was struck by a client on June 23, 2007, while employed at Nevada Habilitation Center. The Second Injury Fund was held liable for permanent total disability benefits of $238.31 per week beginning June 23, 2012.

The Commission affirmed the administrative law judge's denial of the employee's workers' compensation claim, finding that the employee failed to establish a compensable accident. The employee's testimony regarding an alleged January 16, 2007 groin injury while picking up an engine head was found to be lacking in credibility due to numerous inconsistencies with medical records and contradicted by witness testimony from supervisors and coworkers.