Brent Koprivica

The Commission modified the Administrative Law Judge's award by reversing an improper 25% penalty on temporary total disability benefits, finding that penalties under § 287.560 RSMo can only award the whole cost of proceedings, not a percentage of benefits. All other aspects of the ALJ's award allowing compensation to employee Dennis Bales were affirmed.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to William Tordt for a permanent total disability resulting from a fall on ice in the employer's sales lot on January 22, 2008. The employer and insurer are liable for permanent total disability payments of $472.56 per week beginning August 1, 2009, for the remainder of the claimant's lifetime.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Sally D. Swartz, who was struck by a client on June 23, 2007, while employed at Nevada Habilitation Center. The Second Injury Fund was held liable for permanent total disability benefits of $238.31 per week beginning June 23, 2012.

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 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 Commission affirmed the administrative law judge's award of workers' compensation benefits to Mark Winningham for a right knee injury sustained on August 18, 2005, while installing drainpipe at the Missouri Department of Transportation. The employee was awarded 32 weeks of permanent partial disability compensation at 20 percent along with future medical benefits.

The Labor and Industrial Relations Commission reversed the Administrative Law Judge's award of 15% permanent partial disability combined with preexisting disabilities to render the employee permanently and totally disabled. The Commission found issues with the timeliness of the claim filing and the determination of permanent disability resulting from the April 13, 2004 low back injury.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Barbara Ketterman for a fall injury sustained on April 30, 2007 at Woods Supermarket. The claimant was awarded permanent total disability benefits of $186.05 per week for life, along with necessary medical benefits.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Robert Taylor for a right ankle injury sustained on October 13, 2003, while employed at QuikTrip. The employee was awarded permanent partial disability benefits of 15 percent to the right lower extremity and 5 percent to the body as a whole, resulting from cumulative trauma caused by standing and constant turning and twisting movements required during work shifts.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Kathy Meyer, who sustained injuries from an automobile accident on January 30, 1998 while employed by Pyramid Home Care, Inc. The employee was awarded compensation for temporary and permanent partial disability along with necessary medical benefits totaling over $262,000.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits for an employee's permanent partial disability related to thoracic and lumbar spine injuries sustained while working in the mail room. A dissenting opinion argues that benefits should also have been awarded for cervical spine injuries aggravated by repetitive lifting of heavy mail bags and carts weighing 30-100 pounds.

The Commission reversed the Administrative Law Judge's award, denying workers' compensation for an employee who claimed back injuries from two workplace incidents in January and February 2006, along with subsequent complications including a treatment-related burn and pulmonary embolism. The decision hinged on whether the workplace accidents were the prevailing factor in causing the employee's back condition, given significant preexisting degenerative disc disease and spinal stenosis.

The Missouri Court of Appeals vacated the Commission's affirmation of the administrative law judge's denial of workers' compensation benefits, finding insufficient findings of fact and unclear legal reasoning regarding whether the March 31, 2002 injury arose out of and in the course of employment. The Commission reversed the administrative law judge's award on remand to provide proper findings and conclusions on the primary issue of whether the injury was work-related.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Dennis Payne for a disc herniation claimed to have resulted from a shoveling injury on November 17, 2006. The Commission found that while an injury occurred, the employee failed to establish that the work incident was the cause of the subsequently identified ruptured disc requiring surgery in January 2007.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Tom Lingo for a head injury sustained on July 21, 1994, while moving bags of cement at work. The claimant was awarded 15% permanent disability compensation totaling $10,399.80 plus previously paid medical benefits and temporary disability compensation.

The Commission modified the administrative law judge's award, affirming a 60% permanent partial disability rating for multiple injuries (closed head injury, bilateral shoulders, cervical problems, chronic pain, depression) plus 4 weeks for disfigurement, totaling 244 weeks of employer liability. The Second Injury Fund was found liable for permanent total disability benefits of $649.32 per week for the employee's lifetime, despite the Fund's appeal arguing the permanent total disability resulted solely from the primary injury.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of permanent partial disability benefits for Michael Huller's compensable May 6, 2004 work-related spine injury requiring surgical fusion and fixation. A dissenting opinion argued that future medical benefits should also be awarded based on the reasonable probability of continued treatment needs following the spinal surgery.

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to Teresa Boller for a back injury sustained while lifting a patient on September 3, 2003. The claimant is entitled to weekly compensation of $226.06 beginning March 8, 2006, for her lifetime.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Patsy Ellis for injuries sustained in a motor vehicle accident on December 10, 2004, while employed. The award includes unpaid medical expenses of $165,459.99, 121 weeks of temporary disability, 244 weeks of permanent partial disability, and future medical benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding that the employee's right knee injury sustained while squatting to move electrical cords was compensable under Missouri workers' compensation law. The temporary award includes unpaid medical expenses of $800.00 and temporary total disability compensation from August 16, 2006 through October 2, 2006, with future medical benefits to be determined.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Lois Billingslea for a low back injury sustained on September 26, 2003, while lifting a pallet onto a shopping cart at a Wal-Mart store in Branson West, Missouri. The employee was awarded compensation of $4,546.20 for 5 percent permanent partial disability to the body as a whole (20 weeks), with $5,714.67 in medical expenses already paid by the insurer.

The Commission reversed the Administrative Law Judge's award that had waived the notice requirement for filing a proof of claim in the employer's bankruptcy proceeding. The employee failed to file a timely proof of claim with the bankruptcy court as required by statute, and this jurisdictional requirement cannot be waived despite the employee's claim that notice was not received.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Darryl Z. Davis's cumulative trauma injury sustained while operating a dumpster truck on January 14, 2004. The injury to the employee's back, hips, and legs arising from repetitive work activities was found compensable as an occupational disease with permanent and total disability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to the widow of Carl Sullivan for a right shoulder injury sustained on December 20, 2002, while pulling out a fence post during his employment. The employee was awarded 58 weeks of permanent partial disability compensation totaling $19,726.96, with medical expenses of $21,638.27 already paid by the insurer.

The LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Arthur Liberty, finding that his alleged low back injury from repetitive job duties as a maintenance worker did not arise out of and in the course of his employment. No compensation was awarded in the case.