Joseph E. Denigan

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 Award and Decision of Administrative Law Judge Joseph E. Denigan dated March 5, 2012, finding that the award was supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law. The Commission also approved and affirmed the administrative law judge's allowance of attorney's fees as fair and reasonable.

The Commission modified the administrative law judge's award, finding that the employee sustained a work-related back injury in January 2006 with 20% permanent partial disability, and that an intervening injury in June 2006 broke the chain of medical causation for additional compensation. The Commission rejected the ALJ's unsupported finding of preexisting disability and determined medical causation based on credibility findings favoring employer's medical experts over employee's experts.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Albert Newhouse's carpal tunnel syndrome, a repetitive motion injury. The Commission rejected the Second Injury Fund's argument that occupational diseases cannot trigger Second Injury Fund liability under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying the employee's workers' compensation claim, finding she failed to meet her burden of proof for permanent partial disability. A dissenting opinion argued that competent evidence established the employee sustained permanent partial disability from a July 25, 2005 work injury involving a left hamstring muscle strain.

The Commission modified the ALJ's award to grant permanent total disability (PTD) benefits from the Second Injury Fund, finding that the employee's work-related injuries to his knee, back, and neck in combination with preexisting disabilities rendered him unable to engage in substantial gainful activity. The decision upheld medical expert testimony that the employee was permanently and totally disabled as a direct result of the December 2008 work injury combined with all preexisting medical conditions.

The Commission affirmed the ALJ's award of permanent partial disability benefits for an employee who suffered a crush injury to his right index finger on February 11, 2004, resulting in eventual amputation of the distal phalanx. The employee was awarded 110% permanent partial disability at the distal phalanx level, 2.5% at the wrist level, and 4 weeks for disfigurement, which the Commission found supported by competent and substantial evidence.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Jacob Hahne's left knee injury sustained on February 13, 2004, while working for the employer. The Commission substituted its own analysis on the issue of medical causation while affirming the overall award, rejecting the employee's arguments that the administrative law judge's medical causation findings were in error.

The Labor and Industrial Relations Commission modified the administrative law judge's award, finding that the judge improperly excluded employee's preexisting diabetes, left shoulder, and right hand conditions when determining Second Injury Fund liability. The Commission rejected the judge's threshold analysis and clarified that preexisting disabilities must be considered collectively rather than in isolation when calculating Second Injury Fund compensation.

The Missouri LIRC modified the administrative law judge's award regarding future medical treatment in Linda Thompson's workers' compensation case from March 8, 2010. The Commission clarified that the employee is entitled to all reasonably required medical treatment to cure and relieve the effects of her injury, without the restriction of requiring a qualified surgeon other than Dr. Chabot.

The Commission affirmed the administrative law judge's award finding employee Darlene Jamison permanently and totally disabled, clarifying that her disability resulted from the combination of her primary low back injury and preexisting left knee condition rather than the low back injury alone. The Commission found Dr. Volarich's medical opinion more credible than the vocational expert's opinion, emphasizing that the combined physical restrictions rendered the employee unemployable.

The Labor and Industrial Relations Commission affirmed the January 14, 2011 award of the administrative law judge, modifying its designation from a partial award to a temporary or partial award. The Commission accepted jurisdiction solely to correct the award's classification and kept proceedings open for future final award determination.

The Commission modified the ALJ's award, allowing compensation for a November 22, 2002 work-related left shoulder injury (adhesive capsulitis) that resulted in permanent partial disability. The case involved determination of disability ratings and Second Injury Fund liability when combined with a preexisting June 1999 back injury.

The Commission modified the ALJ's award to clarify inconsistent findings regarding permanent partial disability, finding the employee sustained 17.5% permanent partial disability of the body as a whole from a June 16, 1999 assembly line injury at Ford Motor Company. The Commission allowed compensation for the work-related back injury while addressing the conflicting determinations made by the ALJ.

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 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 modified the administrative law judge's award, which had found the employee permanently and totally disabled from a March 15, 1999 work injury involving a slip on a wet floor causing lumbar strain. The Commission reviewed whether the employee was entitled to temporary total disability benefits from March 11, 2003 through April 25, 2004 and the extent of permanent disability resulting from the work injury.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Robert Gosche, who sustained injuries from a ceiling collapse while performing construction work at a Drury Inns facility on November 20, 2008. The award includes 60 weeks of permanent partial disability (15% PPD of low back) from the employer and permanent total disability benefits payable by the Second Injury Fund at $772.53 weekly for Gosche's lifetime.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to John Kinnikin for a back injury sustained on November 19, 2002, while digging with a shovel and operating heavy equipment. The employee was awarded compensation for temporary total disability, permanent partial disability (30% body as a whole), and necessary medical treatment, with liability shared between the employer's insurer and the Second Injury Fund.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation to employee Robert Starr dated August 31, 2010, finding the award supported by competent and substantial evidence and in accordance with state law. The Commission also approved the administrative law judge's determination regarding attorney's fees as fair and reasonable.

The Commission modified the administrative law judge's award, reversing the finding that the employer did not violate the Scaffolding Act and awarding a fifteen percent enhancement accordingly. The Commission affirmed all other findings regarding permanent partial disability benefits of 20% of the left biceps, 5% of each foot, and 2.5% of the body as a whole for lower back pain.

The Commission modified the administrative law judge's award regarding a painter's bilateral chemical corneal abrasion and conjunctivitis sustained on July 10, 2006, when latex paint splashed into his eyes. The decision affirms the employee's entitlement to compensation for permanent partial disability and future medical care, including ongoing treatment for dry eyes and annual ophthalmological examinations.

The Missouri LIRC affirmed the administrative law judge's decision denying workers' compensation benefits to employee John Shelton, finding that the employer's post-injury drug and alcohol testing policy was valid. The dissenting opinion argued for reversal, contending that the employer failed to meet its burden of proving the employee forfeited benefits due to test refusal.

The Labor and Industrial Relations Commission modified the administrative law judge's award regarding attorney fees in this workers' compensation case, reducing the fee cap and clarifying its application. The Commission affirmed the underlying compensability determination for an occupational disease injury occurring on May 7, 2004, but adjusted the attorney fee award from 25% (capped at 100 weeks) to 20% of benefits without a week-based limitation.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Annette Mitchell. The Commission found that the denial was supported by competent and substantial evidence and consistent with Missouri Workers' Compensation Law.