Matthew D. Vacca

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Alvin Hellmann for a neck and right shoulder injury sustained on September 30, 2008, while working with pallets at Prairie Farms Dairy. The employee settled his claim for 160.6 weeks of permanent partial disability, with the commission correcting an error in the original award documentation.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits to John Banaszek for a left upper extremity injury sustained on July 3, 2006, while slipping in oil and falling while moving concrete forms. The employee was awarded permanent partial disability benefits (60% left shoulder, 25% left elbow, 5% body as whole) and permanent total disability benefits from the Second Injury Fund.

The Commission affirmed the administrative law judge's award finding that employee Dmitri Chergibayev sustained a 25% permanent partial disability at each foot level, with a 25% loading factor applied to reflect the synergistic effect with his preexisting knee disability. The Second Injury Fund was held liable for enhanced permanent partial disability benefits totaling $12,710.72.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Charles Rose for a back injury sustained on March 4, 2005, while working on a cement truck. The employee was awarded permanent partial disability compensation of 12.5% body as a whole, with the Second Injury Fund holding liability for future benefits.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for Steven Smithey's left elbow injury sustained on September 8, 2008, while unhooking a trailer. The case involved a finding of 15% permanent disability with the Second Injury Fund providing permanent total disability benefits.

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 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 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.

The Commission reversed the ALJ's award of 18.63 weeks of compensation for synergistic disability combining a primary right hand injury (15% PPD) with preexisting pelvis, lumbar, and cervical spine disabilities. The case involved a dispute with the Second Injury Fund regarding the proper calculation of liability for the combined effect of the employee's injuries.

The Commission affirmed the ALJ's award of medical benefits for carpal tunnel syndrome in both upper extremities, finding that the employee's occupational exposure was the prevailing factor in causing the condition. The Commission clarified that under the 2005 amendments to Missouri Workers' Compensation Law, occupational disease compensation requires proving occupational exposure was the prevailing factor, not merely a substantial factor.

The Commission modified the administrative law judge's award regarding whether the alleged dependent Irene Goff retained the right to continuing permanent total disability benefits after the employee's death. The decision applies the June 2008 statutory amendments that rejected the Schoemehl decision and terminated unaccrued permanent total disability compensation rights upon the injured employee's death, analyzing whether these amendments applied retroactively to this case.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation to employee Darlana Jones for injuries sustained on March 1, 2001, arising out of her employment. The decision determined that the Second Injury Fund is liable for enhanced permanent partial or total disability benefits based on expert testimony that the employee is permanently totally disabled as a result of her work-related carpal tunnel syndrome combined with preexisting disabilities.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for an employee who suffered a left knee injury when an earthen bank collapsed at work on November 8, 2005. The award includes compensation for unpaid medical expenses, temporary disability, and 64 weeks of permanent partial disability at 40% of the left knee.

The Commission reversed the Administrative Law Judge's award of 165.84 weeks of permanent partial disability benefits to the Second Injury Fund for an employee's left eye injury combined with a preexisting right eye disability. The Commission found the employee bound by disability ratings in prior settlements and determined insufficient evidence that the preexisting eye disability constituted a hindrance to employment triggering Second Injury Fund liability.

The Commission reversed the Administrative Law Judge's award that found the employee sustained a compensable work-related eye injury and was entitled to temporary total and permanent partial disability benefits. The Commission determined that the employee failed to prove the alleged workplace accident was a substantial factor in causing his left eye condition, given his pre-existing diabetes-related retinopathy and lack of medical follow-up care.

The Commission affirmed in part and reversed in part the administrative law judge's award denying compensation for a November 2001 work accident in which the employee's chair suddenly dropped, causing low back injury. The case involved disputed claims regarding permanent disability, occupational disease, and medical causation related to the low back injury.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Peggy King's right wrist, hand, and forearm conditions caused by over ten years of work with Dierberg's Markets, Inc. The Commission agreed that the employee's work was the prevailing factor in causing her occupational condition and upheld awards for temporary total disability, past medical expenses, permanent partial disability, and disfigurement benefits.

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Kimberly L. Swierk for an incident on June 24, 2008. The Commission found that the incident did not constitute a compensable injury or occupational disease arising out of and in the course of employment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Taylor Poole for injuries sustained on April 27, 2002, when the employee tripped over forklift tines. The employee was awarded permanent partial disability compensation totaling $32,862.56 for injuries to both ankles, left wrist, and cervical spine.

The Commission reversed the Administrative Law Judge's dismissal of the employee's Second Injury Fund claim, finding that the ALJ erred in determining lack of subject matter jurisdiction. The employee, who had settled his claim against the employer for bilateral elbow injuries (35% right upper extremity and 30% left upper extremity permanent partial disability), proceeded against the Second Injury Fund and was entitled to have his claim substantively considered on remand.

The Commission affirmed the Administrative Law Judge's award of workers' compensation for Julie Fink's occupational disease claim for carpal tunnel syndrome developed through typing duties on June 7, 2006. The award of $38,196.50 for 104.63 weeks of permanent partial disability (25% each wrist, 15% load, and 4 weeks disfigurement) was found to be supported by competent and substantial evidence and in accordance with Missouri Workers' Compensation Law.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Russell McDonald for a cubital tunnel injury of the right elbow sustained through lifting and emptying trash barrels during employment. The claimant was awarded $34,760.81 in total compensation including temporary disability, permanent partial disability, and disfigurement benefits.

The Commission affirmed the administrative law judge's award of workers' compensation benefits for Ronald Wright's work-related left knee injury sustained on April 13, 2005. The award included 72 weeks of permanent partial disability compensation from the employer and 18.93 weeks from the Second Injury Fund, totaling $4,692.34.

The Commission affirmed the administrative law judge's award denying workers' compensation benefits despite finding the injury to be compensable under Missouri law. The employee sustained a severed foot while unpinning a crane on April 13, 2005, but no compensation was ultimately awarded in the case.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Geoffrey Sater for a compensable shoulder and back injury sustained while lifting a steel clamp at work. The claimant was awarded 129.6 weeks of permanent partial disability compensation totaling $50,419.58, with 30% permanent disability to the right shoulder and 15% to the thoracic back.