John J. Hickey

The Missouri LIRC affirmed the ALJ's award finding the employee permanently and totally disabled when considering the combined effects of a work injury and preexisting cardiac condition, but only partially disabled when excluding the cardiac worsening. The decision clarified credibility determinations regarding medical testimony about permanent total disability and remanded issues of non-medical factors in the denial of total permanent disability benefits.

The Commission modified the administrative law judge's award regarding Michael Webb's right knee arthritis claim from a work injury on December 1, 2005. The Commission disagreed with the ALJ's finding of medical causation between the work injury and arthritis, finding the evidence supported that the arthritis resulted from chronic degenerative processes rather than the acute work-related injury.

The Commission affirmed the administrative law judge's award denying Second Injury Fund liability, finding the employee sustained a compensable 10% permanent partial disability to the hand from an April 8, 2005 injury, but the preexisting left foot injury did not meet the statutory threshold for Second Injury Fund benefits. The Commission rejected the employee's arguments that the administrative law judge erred in assessing expert credibility and substituting his own opinions for medical testimony.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Willie White for a cervical spine injury with myelopathy of the left lower extremity sustained on June 11, 2007, while holding his neck in an awkward position during work. The employer was ordered to pay $60,248 (160 weeks) in permanent partial disability benefits for 40% permanent partial disability to the body as a whole.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of disability and medical expenses based on a psychologist's opinion, rejecting the employer's argument that only physician opinions satisfy statutory requirements. The court found that the statutory provision requiring physician demonstration and certification of permanent partial disability is directory rather than mandatory and does not bar consideration of psychological evidence.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Betty Steinmetz for injuries sustained in a work accident on April 17, 2006, when she tripped at work, resulting in a right rotator cuff tear and spine injuries. The employee was found to be permanently and totally disabled due to the combination of work injuries and preexisting conditions, with the Second Injury Fund liable for lifetime permanent total disability benefits.

The Commission modified the administrative law judge's award, finding that the work-related back injury from February 5, 2001 was a substantial factor in the employee's ongoing medical condition and disability, contrary to the ALJ's determination that a new injury in May 2002 severed the causal connection. The Commission credited the treating neurosurgeon's testimony over other medical experts and awarded additional compensation for post-July 2001 medical treatment and disability benefits.

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Ray Volk for alleged bilateral carpal tunnel syndrome, finding that Volk failed to sustain his burden of proof that he developed an occupational disease while working for Chrysler. The Commission agreed with the denial of compensation but disagreed with the ALJ's analytical reasoning for reaching that conclusion.

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation to Georgianna Diener, a cheese plant worker who contracted a Hafnia bacterial infection resulting in post-infection irritable bowel syndrome and Crohn's disease. Despite medical evidence linking the infection to her work duties and testimony regarding her total disability, the award denied all compensation including medical expenses and disability benefits.

The Commission modified the administrative law judge's award, affirming 35% permanent partial disability of the right knee but reversing the requirement for employer to provide total knee replacement surgery. The Commission found that while the work injury accelerated pain and degradation, the need for knee replacement stemmed from pre-existing degenerative arthritis rather than the work accident, though employer remains responsible for necessary pain management.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Deborah Johnson for a back injury sustained on June 11, 2008 while assisting a resident with a gait belt. The injury was determined not to have arisen out of and in the course of employment under Missouri Workers' Compensation Law.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to employee Selina Burgess for an alleged back injury sustained on November 28 or 29, 2005 while throwing trash bags into a dumpster. The denial was based on employee's failure to provide timely written notice to the employer and lack of credibility regarding the claimed accident.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to employee Terrie L. Kobolt for a low back injury sustained on January 6, 2005, while attempting to lift a grill into a dumpster at Lowe's Home Center in Eldon, Missouri. The award includes temporary disability benefits, past-due mileage reimbursement, and permanent and total disability benefits beginning February 27, 2010, along with future medical benefits.

The Missouri LIRC modified the administrative law judge's award regarding Second Injury Fund liability for an employee who sustained a 10% permanent partial disability of the low back from a work injury on May 20, 2006. The employee had multiple preexisting conditions including prior shoulder, knee, and ankle injuries, and was entitled to compensation from the Second Injury Fund based on the nature and extent of the primary injury combined with preexisting disabilities.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Delbert Pruett for a low back and left leg injury sustained on August 4, 2005, when he slipped at work in Malden, Missouri. The employee was awarded permanent total disability benefits along with compensation for temporary total disability and medical expenses.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award in a workers' compensation case involving an employee's claimed fall from a ladder resulting in a right arm injury requiring surgery. This is a temporary or partial award with proceedings remaining open for final determination.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Vincent Pebworth for a low back injury sustained on September 27, 2004, while employed at Green Horizons Garden Center. The claimant was found to have permanent and total disability with compensation beginning March 7, 2006, and ongoing benefits subject to modification as provided by law.

The Missouri LIRC modified the ALJ's award regarding Marion Lamberson's workers' compensation case, affirming that a July 18, 2005 accident was the prevailing factor in causing his lower back injury requiring fusion surgery and resulting in permanent total disability when combined with preexisting conditions. The Commission disagreed with certain aspects of the ALJ's analysis regarding the maximum medical improvement date and liability issues while ultimately affirming the employee's permanent total disability status and Second Injury Fund liability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for Lenora Washington's alleged May 16, 2007 injury, finding she failed to provide proper notice to her employer and did not sustain a compensable accident. The employee's claims for neck and upper extremity injuries were denied due to lack of notice, failure to prove an accident occurred, and insufficient medical causation evidence.

The Commission affirmed the Administrative Law Judge's decision denying compensation in this workers' compensation case involving a low back injury sustained during propane tank lifting. The claim was settled between the employer and insurer, resulting in no compensation awarded by the primary claim.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Shawn Claspill's injury sustained from a fall off a forklift on July 31, 2006. The employee was awarded 40 weeks of permanent partial disability compensation at a weekly rate of $532.76 for a 10% permanent disability rating.

The Commission affirmed the Administrative Law Judge's award denying all workers' compensation benefits to employee Stanley Fischer. The case was dismissed as the injury or occupational disease was determined to not be compensable under Missouri Chapter 287, with no accident or incident of occupational disease found to have occurred.

The Missouri Court of Appeals remanded the case to the Commission for reconsideration of occupational disease claims involving multiple body parts. The Commission affirmed the administrative law judge's award of 40% permanent partial disability for the lumbar spine in the 1999 claim while denying causation for cervical spine, hernia, and right shoulder injuries in both claims.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Justin Smallwood for a hernia injury sustained on December 8, 2008, while using a tag line to steady a 55,000-pound wall during a crane operation. The employee was awarded temporary total disability compensation for 3 weeks, permanent partial disability of 10% for body as a whole, and past medical expenses totaling $40,751.86.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to employee Rodney Northcross for injuries sustained in an auto accident on August 29, 2003, while employed. The award includes permanent partial disability compensation totaling $46,011.68, with 30% shoulder disability and 5% body-as-a-whole disability, plus unpaid medical expenses and Second Injury Fund liability.