Dr. Berkin Volarich

The Commission modified the administrative law judge's award, addressing the permanent partial disability claim for an L5-S1 disc herniation injury and clarifying rights of succession following the deaths of both the original employee and his widow. The case involved determination of disability status and eligibility for benefits under Missouri's Second Injury Fund provisions.

The Commission modified the administrative law judge's award, finding the employee sustained a 40% permanent partial disability of the body as a whole referable to the low back and is permanently and totally disabled. The case involves disputes over liability between the employer and the Second Injury Fund for permanent total disability benefits, with the employee arguing the employer rather than the Fund should bear this liability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation to Donald K. Shelton for a right clavicle injury sustained on December 6, 2002, while working as a field maintenance operator. The Commission found the injury compensable with 50% permanent partial disability of the right shoulder, with the claim against the Second Injury Fund being upheld.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to elementary school teacher Cheryl Whitfield for a left wrist injury and psychiatric condition sustained when a student smashed her hand into a table on December 10, 2007. The claimant was awarded 5% permanent partial disability for the left wrist and 35% for body as a whole psychiatric injury.

The Commission affirmed the administrative law judge's denial of Second Injury Fund liability for an employee's left shoulder injury sustained on June 13, 2007, finding the employee failed to meet threshold requirements under Missouri law. The employee had a pre-existing left shoulder disability from a prior 2004 work injury and sustained only an additional 10% disability from the 2007 injury.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's temporary or partial award finding that claimant Manfred Meadows sustained a compensable occupational disease injury to his neck and body as a whole from repetitive lifting at work on March 20, 2008. The award provides for future temporary total or temporary partial disability benefits and future medical care, with proceedings kept open pending a final award.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's temporary or partial award finding that employee Manfred Meadows suffered a compensable work injury to his neck and body while lifting door jambs on July 29, 2009. The award provides for future temporary total or temporary partial disability benefits and future medical care, with proceedings remaining open for a final award.

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 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 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 Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Gina Burkes, finding that no compensable injury or occupational disease occurred on May 24, 2009. The employee failed to establish that an accident or occupational disease arose out of and in the course of her employment at Laurie Knolls Care Center.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Jeffrey Farny's occupational disease involving repetitive hand tasks that caused injury to both wrists. The Second Injury Fund was found liable for permanent partial disability compensation of $18,929.99 for 46.78 weeks.

The Commission affirmed the administrative law judge's October 20, 2011 award finding the claimant, a school custodian, sustained a compensable left ankle fracture while performing job duties, with 40% permanent partial disability awarded. The Commission modified the award to provide broader future medical care coverage as reasonably required to cure and relieve the effects of the injury, rather than limiting it to specific treatments.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Michael Heisler for occupational diseases (right carpal tunnel and bilateral cubital tunnel syndrome) developed through repetitive work duties. The employee was awarded permanent partial disability benefits totaling 92 weeks, along with temporary disability compensation and medical aid previously paid by the employer.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Bonnie Tinker's right carpal tunnel syndrome, which developed from repetitive use of vibratory and pneumatic tools at Hussmann Corporation. The award included permanent partial disability benefits, temporary disability compensation, medical aid, and permanent total disability benefits from the Second Injury Fund.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Violet Lawrence for a low back injury sustained on March 27, 2008, while employed at Modine Manufacturing in Camdenton, Missouri. The claimant was awarded medical expenses, temporary disability, and permanent partial disability compensation totaling $157,322.71 plus future medical requirements.

The LIRC modified the ALJ's award, clarifying that while the employer waived its right to select medical providers for the specific treatment the employee requested and the employer refused, the employer retains its right to direct and select medical providers for all future medical care. The Commission affirmed the ALJ's allowance of future medical care and approved the attorney's fee as fair and reasonable.

The Commission modified the ALJ's amended award, finding that while the employee was entitled to select his own medical provider for specific treatment that the employer refused to provide, the employer retains the right to control selection of medical providers for all other future medical care. The decision clarifies that an employer's refusal to provide noticed treatment does not constitute a waiver of its general right to direct medical provider selection going forward.

The Commission modified the ALJ's amended award regarding medical provider selection in Glen Nickelson's workers' compensation case. The Commission affirmed the award of future medical care but clarified that the employer retains the right to select medical providers going forward, except for the specific treatment that was previously refused.

The Commission modified the ALJ's decision by affirming the award of future medical care but finding that the employer did not waive its right to select the employee's medical providers for future treatment. The employer retains the right to direct the selection of medical providers going forward, except for the specific treatment that was initially refused, which the employee may pursue independently.

The Labor and Industrial Relations Commission modified the administrative law judge's decision to award reasonable costs of recovery to the employee under § 287.203 RSMo, finding that the employee was the prevailing party when the judge granted her request for ankle surgery and temporary total disability benefits. The Commission rejected the employer's argument that the employee did not prevail merely because the judge deferred ruling on one issue to the final award.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Neva Vance for a low back injury sustained while moving a patient on November 4, 2004, despite finding the injury was compensable under Missouri law. Although the injury arose out of and in the course of employment and met all procedural requirements, no permanent disability was found to warrant compensation.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Kathleen Peters' right shoulder repetitive motion injury. The Commission rejected the Second Injury Fund's argument that repetitive motion injuries cannot qualify as compensable injuries for purposes of triggering Second Injury Fund liability.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Gloria G. Stiers' bilateral overuse syndrome, a repetitive motion injury qualifying as a compensable occupational disease. The Commission rejected the Second Injury Fund's argument that repetitive motion injuries cannot trigger Second Injury Fund liability under Missouri law.