Friday, June 20, 2014

Driver "totalled" by falling objects in a parked truck

Several unsecured totes inside a parked  truck on private property fell from a trailer and struck claimant in the head, resulting in permanent total disability when surgery for a neck injury did not cure her.  Cummins v Penske Logistics, 2014 MO WCLR Lexis 79 (June 13, 2014).

She asserted as a result of the accident she developed constant neck pain, post-concussive syndrome  and PTSD,  and required daily rest breaks.  Dr. Park had performed a multi-level cervical procedure. 

Dr. Koprivica was regarded as credible. Dr. Jackson indicated claimant could not return to driving a truck but was employable in the open labor market.  The vocational expert indicated at 61-years old claimant was unemployable, that her prior extensive medical experience in nursing was not a transferrable skill, and no one would hire her if she needed to lie down.

ALJ Cain
Experts:  Koprivica, Jackson; Drieling, Sprecke
Treater:  Dr. Park