Margaret D. Landolt

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Trina Hamilton's occupational disease involving bilateral upper extremities caused by repetitive use of upper extremities. The Second Injury Fund was found liable for permanent total disability benefits of $14.69 weekly differential plus $368.74 for the claimant's lifetime.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to William Bisby for injuries sustained when he was riding on the back of a garbage truck involved in a motor vehicle accident on January 5, 2007. Although the accident occurred during employment and the claimant suffered a left leg injury, the claim was deemed non-compensable under Missouri workers' compensation law, resulting in an award of zero compensation.

The Commission affirmed the ALJ's denial of permanent total disability benefits against the Second Injury Fund, finding that the employee sustained no permanent disability from his work-related injury despite being permanently and totally disabled overall. The employee fell from a cinder block while changing air conditioning filters, suffering head trauma and lumbar strain, but was released from treatment with 0% impairment rating.

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 decision denying compensation to Eugene Brown for an occupational injury sustained on August 15, 2005 while moving a table at his workplace. Although the injury was deemed compensable under Missouri law, no permanent disability was found to warrant ongoing compensation beyond the temporary disability and medical benefits already paid.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying all workers' compensation benefits to employee Michael Altman for an alleged back injury sustained while picking up a concrete form. The Commission found that the injury did not arise out of and in the course of employment and therefore was not compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Jerry Roberson for a back injury, finding the award supported by competent and substantial evidence. A separate opinion disagreed on the classification, arguing for permanent total disability benefits rather than permanent partial disability based on expert testimony regarding the employee's inability to compete in the open labor market.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Larry D. Balch for a low back injury sustained on March 20, 2001, while lifting hoses for an air compressor. The employee was awarded 120 weeks of permanent partial disability compensation totaling $37,711.20, with medical benefits of $247,719.45 already paid by the insurer.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Kenneth Adams (deceased, represented by Brenda Adams) for a low back injury sustained on May 30, 2002, while lifting heavy doors at McBride & Son Enterprises. The total compensation awarded was $141,877.87, including unpaid medical expenses, temporary total disability benefits, and permanent partial disability benefits of 30% of the body as a whole referable to the low back.

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits for Willie Woodard's alleged back injury from lifting on July 27, 2007. The injury was found not to be compensable under Missouri workers' compensation law, with no benefits, medical aid, or disability compensation awarded.

The Commission affirmed the Administrative Law Judge's award granting permanent total disability benefits to employee Mose Hopkins for occupational lung disease caused by inhalation of welding fumes during his employment. Benefits commenced April 1, 2003, and are payable for the claimant's lifetime.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that the employee's right knee injury from an elevator malfunction was a compensable work injury. The decision awards unpaid medical expenses of $64,802.09 and temporary total disability benefits, with the case remaining open for further determination pending maximum medical improvement.

The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for Sandra Juhl's slip and fall injury that occurred on September 28, 2005 while mopping. Although the injury arose out of and in the course of employment, no compensation was awarded because the claim was not filed within the time required by Missouri law.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Thomas Schuchman for an alleged heart attack sustained while working on July 8, 2005. The claim was determined to be non-compensable as the injury did not arise out of and in the course of employment.

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to a bus driver who claimed bilateral carpal tunnel syndrome from repetitive motion work. One commissioner dissented, arguing the employee presented substantial evidence that his twelve-plus years as a bus driver was the prevailing factor causing his occupational disease and permanent disability.

The Commission affirmed the administrative law judge's award finding that employee Florence Bills sustained a compensable occupational disease to the pulmonary system from exposure to 409 Cleaning Solvent on August 25, 2006, at Express Scripts, Inc. The award includes unpaid medical expenses of $11,115.55 with no permanent disability or temporary disability compensation awarded.

The Commission affirmed the administrative law judge's denial of the employee's occupational disease claim, finding he failed to meet his burden of proof that his back problems arose from his firefighting career. Although the employee argued the proper standard was 'reasonable medical probability,' the Commission agreed with the ALJ that the evidence supported a finding that the back problems resulted from a pre-existing degenerative condition rather than being substantially caused by employment.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to James Andrews for a work-related injury sustained on March 11, 2004, when he fell into a fish pond while fighting a fire. The employee was awarded 12-1/2% permanent partial disability compensation totaling $29,221.61, with the employer and Second Injury Fund sharing liability.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Stephen Petelik for injuries sustained on August 19, 2003, when he fell while lifting a control panel that landed on his left arm and back. The employee was awarded permanent total disability benefits, unpaid medical expenses of $272,341.64, and temporary disability compensation totaling $185,503.60.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding that the employee's bilateral upper extremity injury from repetitive use was a compensable occupational disease arising out of and in the course of employment. The award is temporary/partial with future medical treatment to be provided by the employer, and the case remains open pending final determination.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for employee Nolan Tinnin for an occupational disease involving repetitive work activity affecting his cervical and lumbar spine, with 12.5% permanent partial disability awarded. The case involved the Second Injury Fund and was settled with the self-insured employer.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Jerry Sheets for a low back injury sustained on May 2, 2005, when he fell while walking across ductwork while carrying equipment. The claimant was awarded permanent partial disability benefits of 37-1/2% for the body as a whole, with additional permanent total disability benefits payable by the Second Injury Fund.

The Commission affirmed the administrative law judge's award denying compensation and finding the employee sustained only 5% permanent partial disability to the body as a whole from the October 20, 2004 injury, which did not trigger Second Injury Fund liability. The employee failed to establish permanent total disability, as the evidence did not support that she was unable to compete in the open labor market.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for Delbert Lewis, who sustained an occupational disease injury to both wrists from repetitive motions in his employment. The Second Injury Fund was held liable for 65.01 weeks of permanent partial disability compensation totaling $22,561.72.

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.