A Record of Success in Protecting Missouri Workers
At the office of James G. Krispin, Attorney at Law, in St. Louis, I have handled significantly more than 250 workers’ compensation cases involving claims for work injuries and occupational diseases seeking all aspects of benefits recoverable under Missouri Workers’ Compensation law. Listed below is a sampling of some of these claims:
Kurt S. v. Yellow Freight Systems, Inc. and Second Injury Fund: Workers’ compensation claim for increasingly degenerative back condition due to repetitive heavy lifting and loading of delivery trucks that ultimately resulted in two separate back surgeries and change in employment. Defendant employer denied that work was a substantial contributing factor in causing these conditions. Settlement reached the day before hearing: $110,000 from employer and $20,000 from Second Injury Fund.
Jericah B. v. Ford Motor Company: Workers’ compensation claim for benefits as a result of carpal tunnel syndrome due to repetitive use of hands on assembly line. Defendant employer denied the claim because employee had previously settled a bilateral wrist tendonitis workers’ compensation claim against employer, and employer contended that the prior settlement extinguished the new claim. Award entered on hearing: $10,616 for permanent partial disability benefits representing new disability in addition to that which was accounted for by the prior settlement.
Larry R. v. Smith Environmental Technologies: Workers’ compensation claim for benefits due to injury employee suffered after being hit on the head with a 70-pound roll of plastic. After a few days, employee began experiencing dizziness and lapses in concentration, which was ultimately diagnosed as mild traumatic brain injury. Defendant employer denied the severity of employee’s injuries. Settlement reached at hearing: $125,000.
Tony R. v. Hussman Refrigerator Co.: Workers’ Compensation claim for benefits due to back injury that employee suffered as a result of constant repetitive lifting and twisting resulting in bulging lumbar discs, which did not require surgery. As a result of the pain and limitations that were permanent, the 38-year-old employee filed a claim for benefits for permanent total disability. The claim for the primary injury against the employer was settled for $24,000, and the case proceeded to trial against the State Second Injury Fund for permanent total disability benefits as a result of the primary injury combining with prior back disability. At trial, the administrative law judge awarded benefits to employee in the amount of $435.20 per week for the rest of his life. The award was affirmed by the Labor and Industrial Relations Commission. The Second Injury Fund appealed to the Missouri Court of Appeals, which entered its opinion affirming the award. See case cite under “General Civil Trial and Appellate Practice” section herein.
Rosalyn S. v. Integram and Second Injury Fund: Workers’ compensation claim for permanent total disability benefits due to occupational asthma as a result of chemical inhalation at foam-seating assembly plant. Initially denied these benefits by the administrative law judge at hearing, Employee was awarded permanent total disability benefits by the Missouri Labor and Industrial Relations Commission after appeal. Subsequent to that ruling, and just prior to appeal to the Missouri Court of Appeals by the Missouri Attorney General’s Office on behalf of the Second Injury Fund, employee was killed in a car accident that was unrelated to her work injury. The Court of Appeals affirmed the award of permanent total disability benefits to employee. See General Civil/Appellate Practice link for case citation.
Strait v. Treasurer of Missouri: The State’s Second Injury Fund sought to terminate permanent disability benefits as of the date of employee’s death. Employee’s children appealed to the Missouri Supreme Court, which ruled that the surviving children were entitled to receive employee’s disability benefits for their lifetime. See General Civil Trial/Appellate Practice link for case citation.
Click here for YouTube video of oral argument before Missouri Supreme Court (beginning at 6:40)
John D. v. Central Paper Stock and Second Injury Fund: Workers’ compensation claim for permanent total disability benefits. Employee was a truck driver who was involved in a motor vehicle collision while making a delivery for his employer. Seemingly unhurt at the time of the collision, he later developed pain and numbness into his left arm and was subsequently diagnosed with a herniated cervical disc and traumatically induced carpal tunnel syndrome for which he eventually received bilateral wrist surgery and cervical disc surgery. Employee, a 46-year-old man, attempted to return to his job after these surgeries, but was unable to continue because of his pain and limitation. After settling with his employer on the primary injury, the case proceeded to hearing for permanent total disability benefits against the Second Injury Fund because of the combination of his primary injury and pre-existing disabilities to his left lower leg and back incurred in a motorcycle accident 25 years prior. At hearing, the administrative law judge awarded employee lifetime benefits in the amount of $422.05 per week, and the Attorney General’s office appealed. The Labor and Industrial Relations Commission affirmed the award granting said lifetime disability benefits.
Dave M. v. Kienstra Ready Mix and Second Injury Fund: Workers’ compensation claim for benefits because of back injury suffered by employee when he slipped and wrenched his back while cleaning his cement mixer truck. After settling the primary claim against his employer, he proceeded to hearing on his claim for permanent total disability benefits against the Second Injury Fund as a result of the disability from his primary injury in combination with his pre-existing disabilities. At hearing, the administrative law judge awarded employee permanent total disability benefits in the amount of $593.15 per week for the rest of his life. The Attorney General’s office appealed the decision, and the Labor and Industrial Relations Commission affirmed the award of lifetime benefits.
Richard W. v. R & M Pressure Washing, Inc. and Second Injury Fund: Workers’ compensation claim for benefits because of injury that employee, owner of a small deck-washing business, suffered to his neck and back while attempting to unhitch a trailer loaded with pressure washing equipment. After spinal surgery and significant pain management therapy, employee was unable to continue running the business as he previously had, and his small business slowly dwindled and eventually ceased. After reaching a settlement on the primary injury claim, the case proceeded to hearing for permanent total disability benefits as a result of the combination of disability from his primary injury in conjunction with pre-existing disabilities. At hearing, the administrative law judge awarded employee permanent total disability benefits against the Second Injury Fund in the amount of $626.13 per week for the rest of his life. The Attorney General’s office appealed, and the Labor and Industrial Relations Commission affirmed the award of lifetime disability benefits.
David P. v. Duo Fast Midwest and Second Injury Fund: Workers’ compensation claim for benefits to employee who developed bilateral carpal tunnel syndrome as a result of his job performing small machine repair. After settling the claim against his employer on the primary injury, the case proceeded to hearing against the Second Injury Fund for permanent total disability benefits as a result of the combination of the disabilities suffered on the primary injury claim in conjunction with his pre-existing disabilities. At hearing, the administrative law judge awarded employee permanent total disability benefits in the amount of $355.76 per week for the rest of his life. The Attorney General’s office did not appeal the award.
Andrew D. v. Costco Wholesale Corporation: Workers’ Compensation Claim for permanent total disability benefits to employee who fell on a slippery floor at work sustaining low back injury which required multiple surgeries with internal fixation hardware. Defendant employer denied the severity of employee’s injuries, and the case proceeded to hearing. The administrative law judge determined that employee was permanently and totally disabled as a result of the work place accident and awarded benefits to the employee in the amount of $799.11 per week for the rest of his life to be paid by his employer.
Jacqueline B. v. Massman Construction Company: Workers’ Compensation Claim for permanent total disability benefits against her employer as a result of a severe wrist fracture she suffered on the job resulting in the development of Complex Regional Pain Syndrome. The employer denied the severity of her injury and the case proceeded to hearing. The Administrative Law Judge at hearing found her to be partially disabled and appeal was taken to the Labor and Industrial Relations Commission, which reversed the Administrative Law Judge’s decision finding employee to be permanently totally disabled and awarding her lifetime benefits in the amount of $811.73 per week to be paid by her employer. Employer appealed to the Missouri Court of Appeals Eastern District which affirmed the LIRC Award of permanent total disability benefits. Subsequently, after payment of roughly $88,000.00 in weekly benefits, the parties entered into a compromise lump sum payment to employee in the amount of $525,000.00.
Sandra M. v. Schnuck Markets, Inc. and Second Injury Fund: Workers’ Compensation Claim for permanent total disability benefits for Employee who suffered bilateral shoulder and wrist injuries requiring surgical repair as a result of repetitive use of her hands and arms in the deli department of a local grocery store. After settling the claim against her Employer on the primary injuries, the case proceeded to hearing against the Second Injury Fund claiming permanent total disability benefits as a result of the combination of her bilateral shoulder and wrist injuries in conjunction with her pre-existing disabilities. At hearing, the Administrative Law Judge awarded Employee permanent total disability benefits in the amount of $399.00 per week for the rest of her life. The Missouri Attorney General’s office did not appeal the Award.
David W. v. Roto-Rooter and Second Injury Fund: Workers’ Compensation Claim for benefits for Employee who suffered back injury while eating lunch in the company breakroom when the chair in which he was sitting collapsed. The claim for injury to his back against Employer Roto-Rooter settled, and the case proceeded to hearing against the Second Injury Fund claiming permanent total disability benefits as a result of the combination of his back injury suffered in the breakroom and his pre-existing disabilities. The Missouri Attorney General’s office defended the Second Injury Fund by disputing that employee’s injury arose out of and in the course of employment because he was off the clock having lunch, and therefore not a compensable work injury. The Administrative Law Judge awarded permanent total disability lifetime benefits in the amount of $519.83 per week, and the Labor and Industrial Relations Commission affirmed that Award. The Attorney General appealed the Award to the Missouri Court of Appeals for the Eastern District, which entered its opinion affirming the Award. Significantly, the Court of Appeals declared the viability of “Personal Comfort Doctrine” which was argued to have been abrogated by the Missouri Legislature in 2005. The Attorney General applied for transfer to the Missouri Supreme Court on this issue of law, and after consideration of legal memoranda, the Supreme Court declined to accept transfer thereby rendering the opinion of the Court of Appeals the final statement of Missouri case law on the subject.
See General Civil/Appellate Practice link for case citation.
Deborah B. v. Parkway School District and Second Injury Fund: Workers’ Compensation Claim for benefits for Employee who suffered a shoulder injury requiring surgical repair while assisting a wheelchair disabled student onto a school bus. The Claim for injury to her shoulder against Employer Parkway School District settled, and the case proceeded to hearing against the Second Injury Fund claiming permanent total disability benefits as a result of the combination of her shoulder injury and her pre-existing disabilities. At hearing, the Administrative Law Judge awarded Employee permanent total disability benefits in the amount of $325.76 per week for the rest of her life. The Missouri Attorney General’s office appealed, and the Labor and Industrial Relations Commission affirmed the Award of lifetime disability benefits.
Brad W. v. Kienstra Ready Mix and Second Injury Fund: Workers’ Compensation Claim for benefits because of severe knee injury suffered by Employee when he slipped and fell after cleaning his cement mixer truck. After settling the primary claim against his employer, he proceeded to hearing on his claim for permanent total disability benefits against the Second Injury Fund as a result of disability from his primary injury in combination with his pre-existing disabilities. At hearing, the Administrative Law Judge awarded Employee permanent total disability benefits in the amount of $759.32 per week for the rest of his life. The Attorney General’s office did not appeal the decision, and it became final.
Robert D. v. John Henry Foster Co, Inc.: Workers’ Compensation Claim for benefits due to severe back injury and bilateral inguinal hernias suffered by Employee as a result of lifting a heavy piece of iron when he felt a pop in his back. After extended courses of physical and injection therapy, Employee underwent a two level lumbar fusion surgery that left him unable to work. Employer claimed that Employee’s inability to work was a result of unrelated medical conditions. After obtaining separate reports from consulting expert physician and vocational rehabilitation specialist, the parties reached a compromise lump sum settlement in the amount of $300,000.00 plus the funding of a special account to provide for future treatment so as to not jeopardize Employee’s Medicare status, commonly referred to as a Medicare Set-Aside Account (“MSA”) or a self-administered Workers’ Compensation Medicare Set-Aside Arrangement (“WCMSA”).
Clifford W. v. Duckett Creek Sewer District and Second Injury Fund: Workers’ Compensation Claim for benefits because of bilateral wrists and back injuries suffered by Employee as a result of his employment as a sewer plant operator. Employee settled his back injury claim against Employer and separate claim for carpal tunnel syndrome against Employer, and proceeded to hearing against the Second Injury Fund for permanent total disability benefits due to a combination of his primary and pre-existing disabilities. As a child, Employee contracted polio which left permanent disabilities in his lower extremities, but with the aid of ankle-foot orthotic braces, was able to perform the essential functions of his job as sewer plant operator. In November of 2013, Employee slipped and fell from a sewer pipe landing on his back. While he was released by company doctors a week after the injury, he continued to experience problems and eventually underwent major back fusion surgery in January 2015. In the meantime, he developed carpal tunnel syndrome in the fall of 2014 and was unable to continue working by the end of that year. The Second Injury Fund denied the claim by arguing a number of technical defenses due to recent changes in Missouri Law. At hearing, the Administrative Law Judge found in favor or Employee and awarded lifetime benefits. On appeal pursued by the Missouri Attorney General’s office on behalf of the Second Injury Fund, the Missouri Labor and Industrial Relations Commission affirmed the finding of the Administrative Law Judge awarding a lump sum of $139,420.67 in back due benefits, plus permanent total disability benefits of $683.16 per week for the rest of Employee’s life. The Attorney General’s office did not appeal the decision, and it became final.
Neither the Supreme Court of Missouri nor the Missouri Bar reviews or approves specialist designations. Further, past results afford no guarantee of future results, and every case is different and must be judged on its own merits.
Contact an experienced Missouri workers’ compensation lawyer to discuss your case
At the office of James G. Krispin, Attorney at Law, I provide assistance to workers throughout Missouri who are filing workers’ compensation claims or appealing workers’ compensation denials. To schedule a free consultation with me, call me at or contact me online.
