Raymond Cohen

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 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 affirmed the Administrative Law Judge's award of permanent total disability benefits to employee Harry Bell for a low back injury sustained on September 23, 1999, while lifting a 50-pound bucket at work. The decision found that the employee's permanent total disability resulted from the combined effects of the primary lumbar spine injury and preexisting cervical spine and depression conditions, making the Second Injury Fund liable for benefits.

The Missouri LIRC affirmed the ALJ's award of permanent total disability benefits to the deceased employee's three minor children as dependents. The Commission found that the definition of 'dependent' under § 287.240 RSMo properly applies to determine eligibility for death benefits, rejecting the Second Injury Fund's argument that the statutory definition was inapplicable.

The Commission reversed the administrative law judge's decision and awarded permanent partial disability benefits, finding the employee sustained a 30% permanent partial disability of the body as a whole from her primary back injury and recognizing her preexisting cardiac condition as contributing to her overall disability. The decision rejected the ALJ's dismissal of Dr. Cohen's medical opinion regarding the employee's cardiac disability and found the Second Injury Fund liable for benefits.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Vernon Jordon's work-related back injury sustained in a fall from his truck on April 2, 2002. The Commission found the award was supported by competent and substantial evidence and made in accordance with Missouri Workers' Compensation Law.

The Commission affirmed the ALJ's denial of the employee's claim for enhanced permanent partial disability benefits against the Second Injury Fund. The employee failed to provide evidence that his preexisting right shoulder disability combined with the primary injury to result in greater overall disability than would have resulted from the primary injury alone.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Dorothy Thompson for a lumbar spine injury sustained when she slipped on a mat at work on August 30, 2002. The employee was awarded permanent total disability benefits from the Second Injury Fund beginning May 23, 2008, with her initial claim against the employer-insurer settled by compromise agreement.

The Commission reversed the Administrative Law Judge's denial of workers' compensation benefits, finding that the employee's October 29, 2006 work accident (while washing a patrol car windshield) was the prevailing factor in causing his cervical spine condition. The case involved determining medical causation for a neck injury claim that the ALJ had previously rejected based partly on the employee's prior workers' compensation settlement from an unrelated 2002 motor vehicle accident.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Kent Spies' left shoulder injury sustained on November 9, 2006, while adjusting cardboard stacks at work. The employee was awarded compensation for temporary total disability, permanent partial disability (30%), unpaid medical expenses, and travel costs, with the Second Injury Fund bearing partial liability.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to William Maxwell for an inguinal hernia suffered on April 10, 2004, when he slipped on a wet, soapy floor while washing a bus at Three Rivers Travel. The injury was found to be compensable under Missouri law, with benefits awarded for temporary total disability and necessary medical aid.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Tamara Hill for a left knee injury sustained on February 7, 2005, when she tripped and jerked her knee as an elevator malfunctioned at her workplace. The claimant was awarded 16 weeks of permanent partial disability compensation totaling $5,664.80 for 10% permanent disability of the left knee.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Robert Overstreet for a back injury sustained on December 21, 1998, while loading beverages at Krey Distributing Co. The claimant was awarded 35% permanent partial disability benefits totaling $52,336.36, with liability shared between the employer's insurer and the Second Injury Fund.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Michael Webb for a slip and fall injury on ice while attaching a trailer on March 14, 1997. Webb was awarded 60% permanent partial disability to the abdominal area with ongoing compensation and Second Injury Fund liability.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Woodrow Ward, who suffered a thoracic back, right wrist, and right shoulder injury after falling 15 feet from a rooftop on June 16, 2003. The claimant was awarded permanent partial disability compensation totaling $59,837.31 for injuries rated at 25% PPD of the thoracic spine, 22.5% PPD of the right shoulder, and 17.5% PPD of the right wrist.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Larry Daly for a cervical spine occupational disease contracted through lifting and stacking cases of soda over a number of years. The claimant was awarded $48,481.60 in permanent partial disability compensation based on 160 weeks at $303.01 per week.

The Commission reversed the administrative law judge's denial of workers' compensation benefits, finding that the employee's April 13, 2004 left ankle injury arose out of and in the course of his employment as a bailiff. The case is remanded to determine the nature and extent of permanent partial disability, with compensation calculated at the maximum rate of $347.05 per week.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in this case, despite finding the injury to the lumbar spine compensable under Chapter 287. The employer and insurer had previously settled their liability, resulting in no compensation being awarded to the claimant.

The Commission modified the administrative law judge's award by finding the employee reached maximum medical improvement on December 21, 2004 (rather than December 27, 2004), making him eligible for permanent total disability benefits beginning December 22, 2004. The employee receives permanent total disability benefits at $570.27 weekly for his lifetime as a result of his December 24, 2002 work injury.

The Commission modified the administrative law judge's award, concluding the employee is entitled to permanent total disability against the Second Injury Fund rather than permanent partial disability enhancement. The employee suffered a work-related left eye injury on February 17, 2004, while working as a truck driver, which resulted in significant vision loss that prevented him from safely continuing his employment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to James Hall for work-related bilateral cubital tunnel syndrome sustained on March 26, 2003. The employee reached maximum medical improvement on March 17, 2005, following left cubital tunnel release surgery, and temporary total disability benefits were awarded through that date.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Jerri Jackson for a back injury sustained on October 16, 1999, while carrying a 50-pound bag of yeast at a Krispy Kreme facility in St. Louis County. The decision awarded compensation for temporary disability, permanent partial disability (47.5% for low back and 7.5% psychiatric), and approved necessary medical aid totaling $128,278.33.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Wendy Hagan, finding that her neck, arm, and hand conditions (including carpal tunnel syndrome and cervical spondylitic radiopathy) were not caused by her keystroke and other work duties. Medical expert Dr. Goldfarb testified that employee's multiple inflammatory conditions, cervical spine disease, and obesity were more likely risk factors than her job duties, and her symptoms did not improve even during extended time away from work.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation for Dennis S. Dugan's left knee injury sustained on March 1, 2002 at a Lowe's facility in St. Louis County. A dissenting opinion argued the employee was not permanently and totally disabled, citing the treating physician's opinion that the employee could perform sedentary work and the employer's vocational expert testimony regarding employability in the open labor market.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Telitha A. Miller, finding that her alleged May 12, 2004 right wrist injury did not arise out of and in the course of her employment as a napkin presser. No compensation was awarded in this case.