Wednesday, September 2, 2009

Loading Factors

In a fund only case, the Commission affirmed an award of a load of 15% to an opposite shoulder and 10% to other body parts based on a party stipulation.  Branson v B&G Skid Removal, 2014 Mo WCL Lexis 36  (3-14-2014).
ALJ Ruth
Atty:  Keefe, Rowley
Experts:  Volarich
Treater Adams

In a fund only case, the Commission affirmed a load of 20% combining a primary back injury and two prior shoulder injuries.  Claimant was 63 years old and this was his third comp settlement on his back,  which was diagnosed with degenerative disc disease.  Ruch v Prairie Farms, DOLIR 7-10-2013.
ALJ Gorman
Atty:  Keefe, Toepke


In a  Fund-only case, the Commission affirmed a loading factor of 12 1/2% for a shoulder injury which combined with prior injuries to the spine and both knees.  The Fund offered no medical evidence to contest the claim.  Brading v Lincoln Industrial, DOLIR 5-2-2013.
ALJ  Boresi
Atty:  Maurer, Christianson
Experts:  Volarich


A loading factor is discretionary and widely variable among reported decisions.  In one case, an ALJ awarded a 50% load to "adequately compensate" the claimant and in another case awarded 30%.    Wright v Ford Motor, DOLIR 9-2-09; Hellman v Prairie Farms, 2012 MO WCLR Lexis 5.
ALJ  Vacca