Russell Cantrell

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 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 Commission affirmed the administrative law judge's award of workers' compensation benefits to Daphne Pennewell for a low back injury sustained on July 14, 2006, while leading a program for female high school athletes at Hannibal Regional Hospital. The employee was determined to be permanently and totally disabled and awarded permanent total disability benefits of $718.87 per week for life, along with ongoing medical care.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Nelson Gibler for a work-related injury on May 22, 2000, while addressing Second Injury Fund liability issues. The decision determined that while the employee had preexisting low back pain and depression, these conditions did not constitute disability sufficient to trigger Second Injury Fund liability for enhanced benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying the employee's workers' compensation claim, finding she failed to meet her burden of proof for permanent partial disability. A dissenting opinion argued that competent evidence established the employee sustained permanent partial disability from a July 25, 2005 work injury involving a left hamstring muscle strain.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits in this case involving a lumbar spine injury sustained by Robert Jezich on November 19, 2003, when he fell over a pallet of cans. Although the injury was found to be compensable and work-related, no compensation was awarded because the employer had previously settled its liability.

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 Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to John Kinnikin for a back injury sustained on November 19, 2002, while digging with a shovel and operating heavy equipment. The employee was awarded compensation for temporary total disability, permanent partial disability (30% body as a whole), and necessary medical treatment, with liability shared between the employer's insurer and the Second Injury Fund.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation benefits to Anthony Darris, a security officer who claimed injury to both feet from walking and standing during work. The Commission found that the alleged injury did not arise out of and in the course of employment and therefore was not compensable under Missouri Workers' Compensation Law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Larry D. Balch for a low back injury sustained on March 20, 2001, while lifting hoses for an air compressor. The employee was awarded 120 weeks of permanent partial disability compensation totaling $37,711.20, with medical benefits of $247,719.45 already paid by the insurer.

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 decision denying workers' compensation benefits to Juanita Massey for injuries sustained when she slipped and fell on a wet floor on May 21, 2003. Despite finding that an accident occurred during employment, the judge determined the injury was not compensable under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Danny Coleman's work-related injury to his cervical and lumbar spine sustained on June 6, 2003, when he slipped while carrying a heavy saw blade at Drake Corporation. The Commission found the injury compensable under Missouri Workers' Compensation Act with temporary total disability payments and necessary medical aid provided by the insurer.

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 Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying workers' compensation to Theron Smith, finding he failed to prove his employment was the prevailing factor in developing myofascial pain. One dissenting commissioner argued the evidence supported an occupational disease claim and would have reversed the decision.

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 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 Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for an employee injured on July 17, 2003, while performing work involving concrete cutting and hammering. One member filed a separate opinion concurring in part and dissenting in part, disagreeing with the allowance of permanent partial disability benefits for bilateral shoulder impingement syndrome, arguing the injury was not work-related.

The Labor and Industrial Relations Commission affirmed the administrative law judge's decision denying all workers' compensation benefits to John Renner. Although an accident occurred on May 12, 2003 when the employee fell from a walk board while working on a customer's residence, the injury was found not to have arisen out of and in the course of employment, rendering it non-compensable.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for Joseph Becherer's right groin injury sustained on September 16, 2002 while using a pipe wrench. The Commission found the injury compensable under Missouri law with permanent disability rated at 20% body as a whole for the groin injury and 4% for aggravation of pre-existing psychiatric condition.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Bryan Portell for an alleged injury to his neck and upper back sustained while operating a hoist on May 29, 2002. The claim was denied because the injury did not arise out of and in the course of employment, as the injury resulted from sneezing rather than a work-related accident.

The Commission affirmed the administrative law judge's award of workers' compensation to Christopher King for a burn injury to his right ankle/foot caused by hot grease splashing during cooking on November 30, 2004. The employee was awarded $870.64 in compensation for 5% permanent partial disability of the right ankle.

The Commission affirmed the Administrative Law Judge's decision denying compensation in this workers' compensation case involving a nursing employee kicked in the shoulder by a patient on October 16, 2002. Although the injury was found to be compensable and arose out of employment, no permanent disability was determined, resulting in zero compensation awarded despite prior temporary disability and medical payments.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for an employee who sustained a low back injury while lifting a moving box on March 27, 1998. The employee was deemed permanently and totally disabled, entitled to ongoing weekly compensation of $402.67 commencing November 2, 2001, plus previously incurred medical expenses of $189,095.13.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award denying compensation to employee Linda Nowlin for an alleged injury on January 3, 2001, finding the claim barred due to lack of timely written notice. A dissenting opinion argued the administrative law judge erred by failing to consider exceptions to the written notice requirement and whether the employer had actual notice of the injury.