Thursday, March 17, 2011


Claimant failed to prove striking her  head when she fell  produced disabling seizures three years later that rendered her "unable to do anything."  The claimant treated with anti-convulsives and MRI findings confirmed a brain contusion, but EEG studies were unable to objectively document seizure activity. Claimant introduced testimony of family members.   The ALJ noted claimant's sharp memory capacity to recall specific medical bills.  One expert  felt the symptoms might be explained as panic attacks.  The ALJ awarded PPD for other conditions.   Payne v Colonial Baking, 2011 MOWCLR 219 (Nov. 11, 2011)

ALJ Mahon
Atty:  Cummings, Platter, Colburn
Medical:  Slater, Mauldin, Hackett, Bennoch

A former deputy sheriff who was struck in the head with a golf ball could not recover benefits, when the accident occurred during a charity event on a day off work when his employer did not control or schedule the event. Claimant alleged since the accident he sustained multiple disablements including dizziness, personality change, loss to vision and hearing, seizures and depression. The Commission affirmed 2-1, finding the accident arose from a recreational event and that the fund raising event itself was not a mutual benefit. The ALJ found claimant had equal exposure to being struck by a stray golf ball compared to the general population. The claimant established some of the proceeds funded a Shop-with-a-Deputy program to benefit the community. Beine v County of St. Charles, DOLIR 3-17-11, affirmed  ED 96581 (Mo. App. 12-6-2011). 

ALJ Ottenad
Atty: Weigley, Temple
Experts: Musich, Novak (criminologist)