Robert Poetz

The Commission affirmed the ALJ's award of permanent partial disability and permanent total disability benefits for a work-related neck injury with herniated disc, but modified the analysis regarding dependent benefits eligibility. The Supreme Court reversed the denial of continuing permanent total disability payments to the widow, holding that she was entitled to benefits as a dependent under the law in effect at the date of injury (April 6, 2006), prior to 2008 statutory amendments.

The Commission modified the ALJ's award regarding Second Injury Fund liability, rejecting the ALJ's exclusion of certain preexisting disabilities from the calculation. The Commission clarified that preexisting conditions need not individually meet statutory thresholds to be considered in Second Injury Fund liability calculations when combined with a work injury.

The Commission affirmed the Administrative Law Judge's award denying compensation to Timothy P. Whitworth, finding that he failed to establish the existence of an accident or occupational disease and failed to prove a causal connection between his work activities and his back condition. The employee's credibility was questioned and his claims against the Second Injury Fund were denied.

The Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to employee Selina Burgess for an alleged back injury sustained on November 28 or 29, 2005 while throwing trash bags into a dumpster. The denial was based on employee's failure to provide timely written notice to the employer and lack of credibility regarding the claimed accident.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to employee Constance Lunn for a right shoulder fracture (right proximal humerus) sustained on September 8, 2006, while working at a school football game ticket booth. The employee was awarded 17.5% permanent partial disability benefits totaling $15,404.47 in additional temporary total disability and permanent partial disability compensation.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in full. The claim was denied because the alleged back injury on May 21, 2001 did not arise out of and in the course of employment.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying all workers' compensation benefits to David M. Porting for an occupational disease (infected blister on right big toe) that occurred on March 1, 2003. Although the injury was found to be compensable and work-related, no compensation was awarded due to the finding that there was no permanent disability or temporary disability warranting benefits.

The Commission affirmed the administrative law judge's award denying compensation, finding that the employee failed to meet his burden of proof regarding future medical treatment, temporary total disability benefits, permanent partial disability benefits, and permanent total disability status. The Commission also rejected the employee's claim against the Second Injury Fund.

The Commission affirmed the administrative law judge's award denying the widow of a deceased employee continuing permanent total disability benefits that would have accrued after the employee's death. The decision applies the 2008 Missouri statutory amendments that rejected the Schoemehl decision and terminated dependents' rights to unaccrued permanent total disability compensation upon the injured employee's death.

The Commission affirmed the Administrative Law Judge's award granting permanent total disability benefits to employee Mose Hopkins for occupational lung disease caused by inhalation of welding fumes during his employment. Benefits commenced April 1, 2003, and are payable for the claimant's lifetime.

The Commission reversed the Administrative Law Judge's decision that classified the employee as a domestic servant exempt from workers' compensation coverage. The employee, a Certified Nurse Aide providing medical care to a homebound patient with Parkinson's Disease, sustained a compensable back injury to the lumbar spine (6% permanent partial disability) when the patient's knees buckled while being transferred to a reclining chair.

The Commission affirmed the Administrative Law Judge's award finding the employee's injury compensable as an accident occurring on August 14, 2002, when struck by a motorized hoe bucket while working in a trench. The employer and insurer were found liable for 2% permanent partial disability of the body as a whole, referable to the chest wall, equaling 8 weeks of compensation at $340.12 per week.

The Commission reversed the administrative law judge's decision regarding Second Injury Fund liability in a workers' compensation case involving an employee who sustained 49.9% hearing loss from industrial noise exposure. The employee and employer settled their dispute, leaving only the question of Second Injury Fund liability to be resolved on appeal.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Delores Mills for a right Achilles tendon injury sustained on December 12, 2001. The claimant was awarded 22.5% permanent partial disability at the 155-week level, with the Second Injury Fund liable for 45.4 weeks of permanent partial disability compensation totaling $14,955.67.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Fred Hulsey for an alleged hernia injury sustained on March 30, 2003, finding that the injury did not arise out of and in the course of employment. No compensation was awarded in this case.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for employee Nolan Tinnin for an occupational disease involving repetitive work activity affecting his cervical and lumbar spine, with 12.5% permanent partial disability awarded. The case involved the Second Injury Fund and was settled with the self-insured employer.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Arthur Brown for an alleged back injury sustained while pushing a cart onto an elevator. The Commission found the injury did not arise out of and in the course of employment under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Larry Busby for a knee injury (leg fracture) sustained on July 3, 1997 while working on a motorcycle at D. C. Cycle Ltd. The employee was awarded compensation for temporary disability, permanent partial disability at 45% of the right lower extremity, and unpaid medical expenses totaling $14,465.20.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits to employee Yolanda Bridges for alleged occupational disease (bilateral carpal tunnel syndrome). The Commission found that the employee failed to establish that her job duties as a guest services representative were the prevailing factor in developing her condition.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Robin Willis for a low back injury sustained on March 18, 2004, when she was struck from the rear while operating an employer truck. The claimant was awarded 30 weeks of permanent partial disability compensation totaling $10,411.50 for 7.5% permanent disability of the body as a whole referable to the low back.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Terry Mosier's right shoulder injury sustained on August 25, 2002, while moving equipment at his workplace in St. Louis, Missouri. The injury was found to be compensable with 25% permanent disability at the 232-week level.

The Commission affirmed the Administrative Law Judge's award granting workers' compensation benefits to Elbert McDaniel for a low back injury sustained from a trip and fall on angle iron on July 8, 2003. The employee was awarded 40 weeks of permanent partial disability compensation totaling $13,882.00, representing 10% permanent partial disability of the body as a whole referable to the low back.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Melissa Lantz for an injury sustained on January 22, 2001 at Monsanto Chemical Company in St. Louis, Missouri. The Commission found the award was supported by competent and substantial evidence and in accordance with the Missouri Workers' Compensation Act.

The Commission affirmed the administrative law judge's decision denying workers' compensation benefits to employee Wentfred Helvey, finding that no compensable injury or occupational disease occurred. The alleged injury did not arise out of and in the course of employment, and no compensation or medical benefits were awarded.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits for Alan Chase's injury to his lumbar and cervical spine sustained while lifting laundry on March 10, 2005. Although the injury was determined to be compensable and work-related, no compensation was awarded as the case was settled.