Wayne Stillings

The Commission affirmed the Administrative Law Judge's award of 12.5% permanent partial disability for a lumbar spine injury, finding the ALJ properly considered the evidence and did not substitute his own opinion for expert testimony. The employee's claim for permanent total disability benefits against the Second Injury Fund was denied because she failed to prove her inability to compete in the open labor market was solely due to the primary injury combined with preexisting disabilities, as the vocational expert's opinion improperly considered subsequent injuries occurring after the primary injury date.

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 Missouri LIRC reversed an ALJ's denial of workers' compensation benefits, finding that the employee sustained a compensable psychiatric injury from a racial harassment incident occurring on September 25, 2006. Two psychiatrists testified that the workplace incident caused aggravation of the employee's bipolar II disorder and development of a paranoid disorder.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Garry Session for a lower back injury sustained on July 21, 2006, while lifting and carrying a heavy cable at Boeing. The claimant was awarded 40 weeks of permanent partial disability compensation totaling $15,062.00 based on 10% permanent disability of the low back.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of disability and medical expenses based on a psychologist's opinion, rejecting the employer's argument that only physician opinions satisfy statutory requirements. The court found that the statutory provision requiring physician demonstration and certification of permanent partial disability is directory rather than mandatory and does not bar consideration of psychological evidence.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Charles Jones for a work-related injury sustained on September 12, 2005, during Hurricane Katrina recovery efforts when he was cut by a wire, resulting in the development of RSD (CRPS). The employee was determined to have permanent total disability with benefits including temporary total disability compensation of $49,183.64 and medical aid totaling $281,266.85.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Jerry Roberson for a back injury, finding the award supported by competent and substantial evidence. A separate opinion disagreed on the classification, arguing for permanent total disability benefits rather than permanent partial disability based on expert testimony regarding the employee's inability to compete in the open labor market.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to David Martinez for injuries sustained on October 30, 2003, when he fell from a broken ramp railing while retrieving a core box. The award includes permanent partial disability compensation for left shoulder injury, psychiatric condition, and disfigurement, with the Second Injury Fund liable for permanent total disability benefits.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Eric Williamson for a fall from a bridge approximately forty feet, which resulted in multiple injuries and permanent total disability. The employee is entitled to permanent total disability benefits of $599.71 per week for life, commencing February 2, 2008, along with lifetime medical benefits.

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 denying compensation in this case, finding that while the claimant's injury to his left hand from a barrel explosion on November 9, 2002 was compensable under Missouri law, no benefits were awarded. Temporary disability compensation of $42,938.77 and medical aid of $150,511.69 had been paid to date, but the claim for ongoing permanent total disability benefits was denied.

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Kimberly L. Swierk for an incident on June 24, 2008. The Commission found that the incident did not constitute a compensable injury or occupational disease arising out of and in the course of employment.

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 Commission affirmed the administrative law judge's award of permanent total disability benefits for David Heston, who suffered a compensable back injury on August 15, 2002, when pinned between a truck and dolly while employed by Rock Hill Mechanical Corporation. The employee is entitled to lifetime permanent total disability benefits of $649.32 weekly beginning March 1, 2008, with credit for overpaid temporary disability compensation.

The Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits for David Frost's low back injury sustained on February 4, 2006, when his vehicle was struck while test driving in the course of employment. The primary injury was settled for 12.5% body as a whole for low back and 2.5% for psychiatric injury, with the Second Injury Fund liable for 61.34 weeks of permanent partial disability totaling $22,394.00.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Stephen Bray, a salesman who claimed physical and sexual harassment caused psychiatric injury. 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 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 denying workers' compensation benefits to Richard Walters for a fall into a wall on October 27, 2000. Although the injury was determined to be work-related and compensable, no benefits were awarded in this settled case.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits for an occupational disease affecting the brain and inner ear sustained on July 30, 2000. The employee was awarded permanent total disability compensation of $202.54 per week for life, effective July 6, 2004, along with future medical benefits.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Slobodanka Zilic for injuries sustained on January 22, 2003, when she twisted, slipped and fell while moving a box at work. The claimant was awarded permanent partial disability compensation for injuries to her left elbow (25%), left knee (25%), and low back (12.5%), plus a 10% multiplicity load factor.

The Commission affirmed the Administrative Law Judge's decision denying workers' compensation benefits to employee Joan Panhorst for an alleged mental injury. The case was denied because the alleged injury did not arise out of and in the course of employment as required under Missouri workers' compensation law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award allowing workers' compensation benefits to Linda Cardwell for a work-related fall injury on May 31, 2001, that resulted in low back injury requiring surgery and psychiatric complications. The claimant was found to have sustained a compensable occupational injury with permanent disability of 15% of body as a whole for low back injury and 12.5% for psychiatric injury.

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 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 award of workers' compensation for Glenn Fernau's March 22, 2003 workplace injury, but modified the disability rating for low back and hip injuries from 15% to 5% of the body as a whole based on evidence of walking and sleeping difficulties. The employee was awarded 392 weeks of permanent partial disability with benefits including compensation for shoulder, back, hip, psychiatric, and facial injuries.