January 2013 - March 2013

Percentage of Disability Alleged in Claim Not Deemed Admitted if Employer Does Not File Answer Timely
Commission Has Authority to Review Temporary Award of ALJ and Issue Final Award if Employer Initially Denied ALL Liability
SIF Cannot Be Compelled to Pay a Claimant Benefits Because the SIF is Insolvent
Injury in Parking Lot Compensable because Employer Owned, Maintained and Controlled Lot
Fall on Employer's Parking Lot Curb Not Compensable
Doctor Not Credible because Changed Opinion on Cross-examination
Costs Awarded Against Employer Because Employer Denied Claim Without Any Investigation
If Doctor Doesn't Address Future Medical Treatment Cannot Assume that Doctor Does Not Believe Future Treatment is Needed
Claimant Found Not Credible Therefore Examining Doctors Not Credible
Employer Not Entitled to Reduction for Safety Violation Because Did Not Make Effort to Insure Rule was Followed
Claim Denied Because Claimant Found Not Credible
Claimant Found to Be Employee Not Independent Contractor Because Employer Had Right to Control Work
No Evidence for ALJ's Award of TTD and ALJ May Order a Change in Provider But Cannot Direct Employer to Use Specific Provider

October 2012 - December 2012

When Employer Files a Late Answer, the Alleged Rate in the Claim is Deemed Admitted
Injury Compensable When Claimant Fell Down Stairs Carrying Helmet and Wearing Work Boots
Claimant Must Prove Work Injury was Prevailing Factor in Causing Medical Condition and Disability
Hearing Loss Found Not Compensable
After Award, Employer Only Has to Provide Medications Necessary to Cure and Relieve Effects of Work Injury
An Occupational Disease Triggers SIF Liability
Claimant Has To Prove Permanent Disability to Receive Compensation
Employer Not Prejudiced By Lack of Notice
Claimant's Injury Sustained in Stairwell of Building Housing Employer's Business Not Compensable
Claim Found Not Compensable Because Claimant Found Not Credible Due to Her Inconsistent Testimony
Doctor's Opinion Found Not Credible Because He Did Not Distinguish Between Disability From the Work Injury and Claimant's Pre-existing Disability
Claim Denied Because Claimant Alleged Two Injury Dates and Multiple Versions of the Injury
Claimant Can Receive PPD Benefits Even if Found To Be PTD as the Result of a Prior Injury
Claimant Has 30 Days From the Date a Diagnostician Connects the Condition to Work to Report to the Employer

July 2012-September 2012

Each Pre-existing Injury Alone Has to Meet Threshold for Fund to be Liable for that Injury 15% Penalty Against Employer Does Not Apply to Claimant's Award Against Fund Statutes in Effect on Claimant's Date of Injury Govern

Commission Decisions

New Law

Pre-existing Disability Irrelevant if Last Injury Alone Renders Claimant PTD
Pre-existing Condition of Diabetes was Hindrance or Obstacle Even Though It Was Controlled
Fall Not Compensable Because Claimant Failed to Prove In Course and Scope of Employment
Claim Denied Because Claimant Not Credible
Claimant Can Attempt to Prove Causal Connection Between Two Incidents Even Though Two Separate Claims Filed
Doctor Found Not Credible Because He Did Not Review Records From Prior Injury
Claim Denied Because Untimely Filed

April 2012-June 2012

Injury on Parking Lot Found in the Course and Scope of Employment and Compensable
Claim Denied because Claimant Failed to Prove He Sustained an Accident
ALJ Does Not Have to Find that Claimant is Lying to Find Testimony Not Credible
Court Looked to Claimant's Statements or Lack Thereof to Determine Permanency
Claim Denied Because Injury Flowed as Natural Consequences of Prior Injury Which Had Been Settled
Employer Not Liable to Replace Prosthesis
Falling Off Shoe While At Work Not Compensable
Stipulations by Parties at Hearing are Controlling and Conclusive
Claimant Found Credible Therefore Statute of Limitations was 3 Years
Award Against Insured Employer Does Not Bar Claim Against Second Uninsured Employer In Civil Court

Commission Decisions

Old Law

Claimant Could Medically Return to Work Therefore No TTD Owed
Claimant was Prevailing Party and Entitled to Reasonable Cost of Recovery for Hardship Hearing
Claimant Rushed to ER Which Was Date of Disability Therefore Date of Injury

New Law

Occupational Disease is a Subsequent Compensable Injury and Triggers SIF Liability
Claim Denied Because Witness Testimonies Inconsistent with Claimant's Testimony
Claimant Must Prove Work Injury was Prevailing Factor Causing Medical Condition and Disability
Claimant Not Entitled to Total Knee Replacement When Tillotson Applied
Claimant Alleged Max Rate But Not Entitled to It Even Though Answer Was Filed Late
Climbing Stairs Into Work In Course of Employment
Claim Denied Because Claimant Not Employee or Statutory Employee
Commission Gave Claimant With Borderline Retardation Benefit of the Doubt With Respect to Injury
Insurer Did Not Have to Pay Costs to Employer and Claimant

January 2012-March 2012

Automobile Accident on Way to Hunt Before Business Meeting Not Compensable
At Hearing SIF Not Bound By Settlement Made by Claimant and Employer
Employer's Motion Denied Because No Evidence of Physical Change in Condition
Claimant Must Specifically State Why ALJ Erred
Claimant Found to be Employee Not Owner/Operator and Missouri Had Jurisdiction
Third Party Who Provided Unauthorized Treatment Cannot Intervene in Workers' Compensation Matter
Commission Trends

October 2011-December 2011

Injury Sustained at Golf Tournament Not Compensable
Injury Sustained Washing Patrol Car Windows Found Compensable
Making Coffee Found Not in Course and Scope of Employment
Claimant PTD Due to Hepatitis C Alone
Commission Must Decide if Injury is "Accident" Before Claimant Can Proceed with Civil Claim
SIF Not Responsible for Progression of Pre-existing Disabilities or New Conditions After and Unrelated to Primary Injury
Commission Trends

July 2011-September 2011

Permanent Total Disability – SIF
Credibility of Doctors’ Opinions
Safety Violation of an Employer – The Scaffolding Act ’292.090
A Safety Violation – Employer Does Not Always Have to Prove Prior Discipline
The Exclusivity Provision and Occupational Disease Claims

April 2011-June 2011

Permanent Total Disability - Second Injury Fund
Permanent Total Disability - Last Injury Alone
Permanent Total Disability - Claimant Working Sporadically
Medical Treatment Related to Work Injury
Surveillance - Discoverable Through Subpoena
Exclusivity of Workers' Compensation and Affirmative Defense
Commission Trends

January 2011-March 2011

Lack of Written Notice Not Prejudicial To Employer
Owner/Operator Not an Employee
Permanent Total Disability Claim – SIF
Exclusive Jurisdiction - Occupational Disease
Dependant Benefits
Commission Trends-Old Law
Commission Trends-New Law