William F. Ringer

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 modified the administrative law judge's award regarding Second Injury Fund liability for an employee's compensable right knee injury sustained on September 16, 2008. The Commission disagreed with the ALJ's analysis of whether the employee's preexisting diabetes constituted a hindrance or obstacle to employment, clarifying that the relevant inquiry focuses on the potential for a condition to combine with a work-related injury to cause greater disability, not on past manifestations of difficulty.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Jason E. Johnston for a left wrist injury sustained in a fall from a ladder on June 21, 2007. The claim was denied because it was not filed within the required statute of limitations period.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Donald Moss, who developed left wrist carpal tunnel syndrome from 32 years of repetitive tool use. The Second Injury Fund was ordered to pay $27,592.45 for 65.235 weeks of permanent partial disability benefits at 23.6% disability rating.

The Commission reversed the ALJ's denial of workers' compensation benefits, finding that the employee did sustain a work-related accident involving a slip and twisting motion that caused a lower back strain. The Commission found that medical records and documentation, including post-accident drug testing and nursing assessments, supported the employee's claim of a work-related injury that the ALJ had overlooked or failed to properly consider.

The Commission affirmed the administrative law judge's finding that the employee is permanently and totally disabled, but clarified that the Second Injury Fund is not liable because the permanent total disability did not result from a combination of the primary injury and preexisting disabilities. The Commission remanded the case to address Second Injury Fund liability for permanent partial disability benefits, which the administrative law judge had failed to resolve.

The Commission affirmed the ALJ's denial of workers' compensation benefits, finding that the employee failed to prove his fall injury arose out of and in the course of employment. The decision established that absent proof of a work-related accident, analysis of idiopathic causes is unnecessary and improper.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying workers' compensation benefits to James Hoerschgen, finding that work-related stress was not a substantial factor in his depressive condition and failed to meet the extraordinary stress standard. The Commission determined the employee was not entitled to medical treatment, temporary total disability benefits, or permanent disability benefits, and the Second Injury Fund had no liability.

The Labor and Industrial Relations Commission reversed the administrative law judge's award of workers' compensation benefits to employee Tiffany Meachum for a claimed work-related L5-S1 disc herniation on March 23, 2007. The Commission denied all compensation despite the ALJ's findings that the injury arose from work duties and caused permanent partial disability of 15% of the body as a whole.

The Commission affirmed the Administrative Law Judge's award finding the Second Injury Fund liable for 30.04 weeks of permanent partial disability benefits for the employee's bilateral elbow occupational disease injury in combination with preexisting disabling conditions. The Commission rejected the Second Injury Fund's arguments that occupational disease injuries do not qualify as compensable injuries triggering Second Injury Fund liability under Missouri law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to Christopher Lowe for an alleged accident on July 22, 2008. The Commission found that no compensable injury or occupational disease occurred and that the claim was not entitled to compensation under Missouri workers' compensation law.

The Labor and Industrial Relations Commission modified the administrative law judge's August 12, 2011 award, affirming the substantive result but requiring redesignation of the 'Summary of the Evidence' section as 'Findings of Fact' to comply with statutory requirements. The Commission found the ALJ's factual analysis adequate but sought to clarify that affirmative findings, not mere evidence summaries, must be expressly labeled in workers' compensation awards.

The Labor and Industrial Relations Commission modified the administrative law judge's award, finding Dr. Strecker more credible than Dr. Schlafly regarding the diagnosis of cubital tunnel syndrome rather than carpal tunnel syndrome. The Commission determined that the medical evidence did not support the need for the recommended surgeries for carpal tunnel syndrome as originally awarded.

The Commission affirmed the Administrative Law Judge's decision denying compensation in a workers' compensation case where the employee suffered a shoulder injury lifting trash cans. Although the injury was deemed compensable and arose out of employment, no benefits were awarded as the case had been previously settled.

The Missouri Court of Appeals remanded the case for reconsideration of the Second Injury Fund's synergistic combination argument, and the Commission affirmed the administrative law judge's denial of compensation. The Commission found the employee had a 5% preexisting permanent partial disability of the right shoulder at the time of his 2003 work injury.

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to Doug Nord for an alleged low back injury sustained from repetitive use and traumatic impact while riding in fire trucks on March 31, 2006. The case was determined not to constitute a compensable injury under Missouri law, with no accident or occupational disease found to have occurred in the course of employment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Thomas Skornia for a left shoulder injury sustained on August 29, 2008, while employed as a sheet metal worker. The employee was found to have permanent total disability due to the combination of his shoulder injury and inability to return to his vocational occupation.

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to Ted Jackson against the Second Injury Fund. The decision rejected the Second Injury Fund's argument that Jackson's disability resulted solely from his last injury, finding instead that his preexisting disabilities synergistically combined with the last injury to cause his permanent total disability.

The Commission reversed the Administrative Law Judge's award of permanent total disability, finding that the Second Injury Fund was not liable because the employee's disability resulted primarily from the work-related low back injury alone, not from a combination of the primary injury and preexisting left shoulder condition. The employee suffered a disk herniation at L4-5 from lifting a mattress and subsequently underwent multiple spinal surgeries, resulting in severe pain and significant functional limitations.

The Commission modified the administrative law judge's award to clarify that the employee is permanently and totally disabled due to the work-related right shoulder injury considered alone, and remanded the Second Injury Fund liability question for further determination. The employee, injured in August 2001 while working as a bus monitor, suffered a serious shoulder injury requiring four surgeries including total shoulder replacement, resulting in debilitating ongoing pain.

The Missouri Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to James M. Blanton for a cumulative occupational disease injury to his right upper extremity sustained while working as a mechanic for American Airlines. The claimant was awarded permanent partial disability benefits of 20% to the right upper extremity at the 210-week level, with the Second Injury Fund contributing to the award.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that a certified Nurse's Aide's exposure to repetitive use of both wrists and elbows at a nursing home constituted a compensable occupational disease. This temporary or partial award establishes liability and entitlement to benefits, with proceedings kept open for determination of final compensation amounts.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Mohamed El Karanchawy for an alleged back and abdominal injury sustained while lifting boxes at work. The Commission found that the injury did not arise out of and in the course of employment, making it non-compensable under Missouri workers' compensation law.

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 allowing workers' compensation benefits for Alfred Mallot's low back injury sustained on January 6, 2009, while loading pipe. The Second Injury Fund was held liable for lifetime weekly differential payments of $320 per week after an initial 50-week period beginning May 7, 2009.