P. Brent Koprivica

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Paul Guinnip and finding that Steve Liles and Melissa Liles are personally liable for all awarded benefits based on piercing the corporate veil of Bannister Electrical and HVAC, LLC. The decision upheld the administrative law judge's determinations after reviewing Steve Liles's Application for Review challenging the piercing of the corporate veil.

The Missouri LIRC modified the ALJ's award to allow compensation for medical expenses from seven additional health care providers beyond the one provider awarded by the ALJ, totaling $51,143.58 in medical bills related to the employee's work-related hip injury. The employee slipped and fell on August 3, 2009, requiring five surgical procedures including a total hip replacement, and the Commission determined sufficient evidence existed to award reimbursement for all credibly documented medical expenses related to the injury.

The Commission affirmed the Administrative Law Judge's decision denying all workers' compensation benefits to Francisco Gomez for an upper back injury sustained on January 1, 1998, while working as a machine operator at Output Technologies. Although the injury was found to be compensable and work-related, no compensation was awarded.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Francisco Gomez for a low back injury sustained on August 25, 1998, while removing a motor as a machine operator. The award includes 100 weeks of permanent partial disability compensation at $294.73 per week, totaling $29,473, plus previously paid temporary disability benefits of $21,318.21.

The Commission affirmed the administrative law judge's award allowing compensation for an occupational pulmonary disease with a June 1, 2004 date of injury, finding workplace exposures were a substantial factor in the employee's condition. The employee was awarded 12.5% permanent partial disability, future medical care benefits of $4,559.83, and the Second Injury Fund was found liable for 24.03 weeks of permanent partial disability benefits.

The Commission modified the administrative law judge's award, affirming Second Injury Fund liability for permanent total disability benefits due to the combination of the primary occupational disease (bilateral knee injury from work activity) with the employee's preexisting bilateral shoulder conditions. The Commission clarified that an occupational disease becomes a compensable injury only when it becomes disabling, and determined the proper date of injury for Second Injury Fund analysis purposes.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award regarding a workers' compensation case involving Carolyn Jones, who sustained multiple injuries from a workplace fall on March 26, 2004, that aggravated preexisting cervical spine injuries. The Commission affirmed certain findings while modifying aspects of the temporary total disability awards, permanent partial disability rating, and Second Injury Fund liability determinations.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Herbert Robbins for an alleged injury to his right lower extremity on June 9, 2008. The employee failed to establish that his work activity was the prevailing factor in causing a prosthetic failure when a hydraulic pump unit snapped while he was carrying an electrical trough, and therefore no compensable accident or occupational disease arose out of his employment.

The Commission affirmed the ALJ's amended award finding that the employee's primary injury combined with preexisting disabilities resulted in a 10% permanent partial disability enhancement above the simple arithmetic sum of separate disabilities. The employee's claim against the employer was settled, and the case proceeded against the Second Injury Fund regarding the nature and extent of that liability.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for a lumbar spine injury sustained on October 3, 2001, finding the employee proved medical causation and is permanently and totally disabled due to the combination of his primary injury and preexisting conditions. The Second Injury Fund was held liable for permanent total disability benefits, with the employee awarded 35% permanent partial disability of the body as a whole referable to his lumbar spine.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Robin Johnson's motor vehicle accident injury sustained while driving between work locations on May 23, 2008. The employee was determined to have permanent total disability with unpaid medical expenses of $154,480.27 and a weekly compensation rate of $220.00.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Gary R. Pace for a right knee injury sustained on December 9, 2002, when his foot lodged in a hole and he twisted and fell while working. The claimant was found to have permanent total disability resulting from the accident and occupational disease including complex regional pain syndrome and depression.

The Commission affirmed the Administrative Law Judge's award denying compensation for a November 2, 2004 workplace injury to Gary R. Pace's right lower extremity and low back. The injury was found to be compensable under Missouri law and properly noticed, but no benefits were awarded in this particular injury number.

The Commission affirmed the Administrative Law Judge's award denying compensation for a December 17, 2004 dog bite injury to the claimant's back and right lower extremity. No benefits were awarded in this injury number, though the claimant was awarded permanent total disability benefits in a separate prior injury number.

The Commission affirmed the Administrative Law Judge's award denying compensation for injury number 04-130561, finding no permanent disability warranted benefits in this case. The employee's claim for the December 10, 2004 incident involving a fall down stairs was deemed compensable but resulted in no award of benefits.

The Commission affirmed the Administrative Law Judge's award finding that Dennis Carver sustained a compensable work-related injury on October 1, 2007, while carrying felt up a ladder, and is entitled to temporary total disability benefits and past medical expenses. The employee's compensation was subject to a maximum 50% reduction due to willful violation of safety rules, but the employer and insurers remain obligated to provide future medical treatment.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Michelle Watson-Spargo for a back injury sustained while unloading boxes at her workplace on January 16, 2009. The employee, who worked as a cook, suffered severe back pain that prevented her from ever returning to work and was complicated by multiple preexisting conditions including carpal tunnel syndrome and depression.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits, finding that the employee failed to prove his occupationally-induced asthma was caused by workplace exposure to paint fumes due to lack of objective symptoms. A dissenting opinion argued the employee's expert testimony was more credible and compensation should have been awarded for past medical expenses, future medical care, and permanent partial disability.

The Missouri Court of Appeals reversed the Commission's January 2010 award denying compensation, finding the Commission erred in rejecting uncontradicted medical testimony that the employee was permanently and totally disabled from rheumatoid arthritis combined with osteoarthritis. The Commission was remanded to determine the degree of disability proportionally in accordance with the medical evidence and to determine the Second Injury Fund's liability.

The Commission affirmed the administrative law judge's award denying compensation, finding that the employee was permanently and totally disabled before suffering the work-related rotator cuff injury and therefore not entitled to benefits. The employee failed to disclose his pre-existing back condition, social security disability status, and daily narcotic pain medication use to the employer, which would have prevented his hire for the hazardous materials handling position.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to James Vann for a left shoulder injury sustained on February 1, 2007, while attempting to close an overhead door at work. The employee was found to have 23.7% permanent disability and is entitled to ongoing weekly compensation benefits of $348.29 for life, with additional support from the Second Injury Fund.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Brian Guyer for injuries sustained when a high-pressure valve exploded while he was unloading a tanker truck on August 16, 2007. The employee was found to be permanently totally disabled and awarded lifetime permanent total disability benefits at $357.32 per week plus necessary medical treatment.

The Labor and Industrial Relations Commission modified the Administrative Law Judge's award regarding Second Injury Fund liability for Donald Mayse, who was found to be permanently and totally disabled due to a combination of his work injury and preexisting disabling conditions. The Commission affirmed Missouri jurisdiction and permanent total disability status but corrected the calculation of Second Injury Fund compensation to properly account for the extent of permanent partial disability from the last injury.

The Commission affirmed the Administrative Law Judge's decision denying compensation benefits, finding that while the injury was compensable and arose out of employment, no additional benefits were awarded as the claim had been previously settled. The Second Injury Fund was found to have no liability under Missouri law.

The Commission affirmed the administrative law judge's denial of compensation for Donna Moorman's claimed left shoulder injury from repetitive work as a bottle washer and packaging department employee. The employee failed to prove that her left shoulder condition arose out of her employment and that her work was the prevailing factor in causing her disability.