Bruce Schlafly

The Labor and Industrial Relations Commission modified the administrative law judge's award, finding that the Second Injury Fund's liability should be increased by including employee's preexisting conditions (hearing loss, tinnitus, vertigo, hernia, low back, and left shoulder) as hindrances to employment. The Commission determined specific permanent partial disability percentages for each preexisting condition and rejected the administrative law judge's unexplained conclusion that these conditions did not constitute obstacles to reemployment.

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 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 Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Nekesha Evans for alleged right hand carpal tunnel syndrome. The Commission found that the alleged occupational disease did not arise out of and in the course of employment, rendering it non-compensable under Missouri law.

The Commission modified the Administrative Law Judge's award, finding the Second Injury Fund liable for permanent partial disability benefits by correctly applying the 50-week threshold to all of the employee's preexisting conditions rather than evaluating them in isolation. The Commission affirmed that the employee was not permanently and totally disabled but increased the award by including preexisting depression and applying a 15% multiplicity factor for bilateral wrist disability.

The Commission modified the ALJ's award, finding the Second Injury Fund liable for 10.775 weeks of permanent partial disability benefits instead of 6.4 weeks. The Commission corrected the application of statutory thresholds by considering all of the employee's preexisting disabling conditions in aggregate rather than in isolation, including preexisting ankle and wrist conditions totaling 74.75 weeks.

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits to Mary Grayson against the Second Injury Fund, finding that her hand and wrist injuries resulted from repetitive job duties. The employee developed pain and numbness in both hands requiring multiple finger and thumb release surgeries, and the medical evidence established the work-related injury as a substantial contributing factor to her permanent total disability.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Melicia Lytle for an alleged repetitive strain injury to her right shoulder and elbow from operating a mechanical lift lever. The injury was found to not arise out of and in the course of employment, resulting in no compensation awarded.

The Missouri LIRC modified its March 9, 2011 temporary award regarding medical treatment for an employee's work-related bilateral upper extremities injury from repetitive computer work. The Commission reversed the administrative law judge's designation of a specific treating physician and instead awarded the employee the right to reasonable medical treatment as needed to cure and relieve the injury effects.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that Betty Eaton's bilateral upper extremities injury arising from repetitive data entry and customer service work was a compensable occupational disease. Future medical benefits were awarded, with the case kept open for further proceedings to determine a final award.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award to include future medical care for Katherine Hunt's work injury from July 11, 2005, finding that she demonstrated reasonable probability of needing such care despite previously declining offered treatment. The Commission affirmed all other aspects of the original award and approved the attorney's fee as fair and reasonable.

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 Commission affirmed the administrative law judge's award of workers' compensation benefits to David Martinez for injuries sustained on October 30, 2003, when he fell from a broken ramp railing while retrieving a core box. The award includes permanent partial disability compensation for left shoulder injury, psychiatric condition, and disfigurement, with the Second Injury Fund liable for permanent total disability benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that a restaurant server's bilateral upper extremity complaints (wrists and hands) resulting from repetitive hand-intensive work were compensable occupational injuries. The case is designated as a temporary or partial award with proceedings kept open for further determination.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding that Teresa Kitchen developed compensable carpal tunnel syndrome from hand-intensive work at Burger King. This is a temporary and partial award with the case kept open for final determination.

The Commission affirmed the Administrative Law Judge's award allowing temporary workers' compensation benefits for an occupational disease/repetitive trauma injury. The Commission also clarified that the employee satisfied the statutory notice requirements under section 287.420 RSMo by filing a timely Claim for Compensation on July 24, 2006.

The Commission affirmed the administrative law judge's award granting workers' compensation benefits for cervical strain, left shoulder girdle strain, and cubital tunnel syndrome resulting from a December 2, 2004 work accident. The employee was awarded past medical expenses, 8 and 5/7 weeks of temporary total disability benefits, and permanent partial disability awards totaling 12.5% for neck, 10% for left shoulder, and 19% for left elbow, while claims for cervical instability and other conditions were denied as unrelated to the work injury.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that the claimant's occupational disease affecting her left hand and thumb, sustained while inspecting and trimming shoe soles, was compensable under Missouri workers' compensation law. The award is temporary or partial in nature with future medical treatment ordered and proceedings kept open for final determination.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits for occupational disease, finding that the employee failed to prove her work duties were the prevailing factor causing bilateral carpal tunnel syndrome and left cubital tunnel syndrome. The evidence showed that the employer's work did not expose the claimant to hazards causing these conditions.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award finding the employee's bilateral hand injury from March 25, 2005 to be a compensable occupational disease arising out of and in the course of employment. The Commission issued a temporary or partial award with a weekly compensation rate of $155.37 and continued proceedings for final determination.

The Labor and Industrial Relations Commission affirmed the administrative law judge's denial of workers' compensation benefits for Beverly Carney's alleged occupational disease (bilateral carpal tunnel syndrome) arising from her employment at Wal-Mart. The denial was upheld because the claimant failed to demonstrate that her employment was the prevailing or primary factor causing the condition, and under strict statutory construction, the Missouri Workers' Compensation Law does not provide benefits for occupational diseases.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for a right wrist injury (case 03-024741) sustained on March 10, 2003, while the employee was emptying water from a parts washer. The Commission found the injury compensable and arose out of and in the course of employment, while denying a second claim (03-088603) filed for the same body part on July 22, 2003.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying compensation for injury No. 03-088603, finding that the employee's wrist injury from pulling a heavy mold did not arise out of and in the course of employment. The Commission determined the award was supported by competent and substantial evidence and was made in accordance with the Missouri Workers' Compensation Act.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Damon B. Hosick for an alleged right shoulder injury allegedly caused by continuous lifting of heavy pipes and metal parts from June 2000 to July 31, 2003. The Commission found that the injury did not arise out of and in the course of employment under Chapter 287 and was therefore not compensable.

The Commission affirmed the administrative law judge's decision awarding no compensation in this workers' compensation case involving a steel worker's carpal tunnel syndrome claim. Although the injury was found to be compensable and arose out of employment, no benefits were awarded, with the Second Injury Fund liability remaining open.