In Ball v North American Refractories Co., (LIRC), No. 96-037736, 6/1/01, claimant's refusal of medical treatment reasonable, where doctor could not predict degree of risk to claimant for severe complications, including loss of eye. Reed Lowery the same person whose side he had taken in an earlier union grievance.
In Beck v City of St. Louis, (LIRC) 1/25/01 (ALJ Denigan) Claimant police officer failed to prove mold exposure caused permanent partial disability when allergy concentrations were not quantified and Dr. Volarich testified outside his qualifications. Claimant had prior history of allergic rhinitis.
In Castelli v Dickemann Enterprises, (LIRC) 1/30/01 (ALJ Brown)Claimant failed to prove herniation after moving box of soda based on sudden onset doctrine when evidence revealed conflicting histories regarding onset of symptoms.
In Chatmon v St. Charles County Ambulance District 55 S.W.3d 451 (Mo.App. 2001), depression, after a physical injury is not subject to limitations on a "mental-mental" injury, not involving physical injury originally, under Section 287.120.8 & 9 supported causation to show permanent total disability.
In Nisbett v Tri-State Motor Transit, 45 S.W.3d 545 (Mo.App. S.D. 2001), the Southern District Court of Appeals dismissed the appeal of an employer to an order issued by the Commission remanding a matter to the Division of Workers' Compensation to allow the record to be supplemented. The Court of Appeals, in noting appellate jurisdiction in Workers' Compensation matters lies from a final award of the Commission only subject to limited exception, found no final award by the Commission in this case, therefore dismissing the appeal.
In Perry v Tri-State Motor Transport, 41 S.W.3d 919 (Mo.App. S.D. 2001), Court of Appeals affirmed LIRC decision to deny compensation for a fall at work which resulted in a scalp laceration and which she claimed left her with a disability caused by neurological symptoms. Claimant's own doctor testified that he felt the symptoms were caused by "small vessel disease resulting in dementia" prior to the fall. Another medical expert testified that the claimant's MRI was not consistent with trauma, but with small vessel disease resulting from hardening of the arteries. A heated argument with supervisor causing myocardial infarct and resulting brain damage was "physical injury" initiating the work stress, so that Section 287.120.8 & 9, as above, did not apply. Case compensable.
In Webber v Noranda, (LIRC) 1/17/01 (ALJ Knowlan), the Commission rejected causation that breathing problems came from gas or fume exposure at work. Claimant was obese with 25+ year smoking history.