In Allen v Grasser Electric Corp., Inj. No. 96-124441 and 97-083569, (LIRC) 2002, the award of ALJ of 30% for 3 rotator cuff surgeries, with lost time of over 3 years, raised to 45% by LIRC.
In Goerlich v Tony Prince Carpet Co., 85 S.W.3d 724, (Mo.App. E.D. 2002), claimant was doing the regular duties as floor layer, when shoulder popped with immediate pain, no contradictory evidence offered. Employee's general practitioner's opinion held over employer's orthopedic opinion.
In Gregg v United Pracel Service, Inc., Inj. No. 00-147231, (LIRC) 2002, a 17 year package car driver, delivering 200 to 350 packages per day, picking up 50 to 60 packages per day, up to 150 lbs., was using the steering wheel of his truck when he felt a pop in his shoulder, no prior injuries, ongoing complaints of constant pain, diagnosis of tendonitis, Dr. Volarich's work restrictions under the circumstances, considering the clinical, not appropriate, 17.5% ppd allowed.
In Strong v Gilster Mary Lee Corp., 23 S.W.3d 234 (Mo.App. 2000) The Commission acted outside its jurisdiction in allowing an unlicensed lawyer to file an appeal.
In Bibbins v Colonial Health Center, ( LIRC), 5/23/00, The ALJ refused continuance to allow completion of deposition of employer's expert, Dr. Mirkin. Claimant required lumbar fusion and employer contested notice and causation. The judge awarded bills, TTD and Dr. Levy's 40% rating.
In Mikesell v Merry Maids, (LIRC), 5/16/00, The Commission found the ALJ exceeded her/his authority to order indemnification to employer in PTD award which was commuted to $850,000.
In Brown v R.F. Meeh, (LIRC), 5/2/ 00 (ALJ Landolt) ALJ awards further treatment for back with claimant's private physician since employer abandoned medical care.
In State ex rel Kerns v Cain, 8 S.W.3d 212 (W.D. 1999), where an Administrative Law Judge ordered a claimant who had been examined by a neuropsychologist of his choosing to submit to an examination by a neuropsychologist chosen by the employer, this was beyond his authority as the statute only requires the employee to submit to "medical examinations." A neuropsychologist does not have a physician's license under Chapter 334. Accordingly, the ALJ exceeded his authority and jurisdiction in holding that a neuropsychologist was not a physician as defined under the statute.
In State ex rel. Lakeman v Siedlik, 872 S.W.2d 503 (Mo.App. 1994), neither the Second Injury Fund (SIF) or the employer were entitled to an order from an ALJ requiring the employee to submit to an evaluation by a non-medical vocational rehabilitation expert.