Friday, December 19, 2014

Commission affirms credit for missed appointment

The claimant alleges he knew nothing about 3 appointments he missed for  IMEs scheduled over a 5 month period.  The Commission affirmed an award with reductions for $300 in costs for the missed appointments.  The employer ultimately secured medical opinion from a different expert.  Moore v Delmar Gardens, 2014 MO WCLR Lexis 139 (December 9, 2014).

The Commission in a companion case more than doubled the award from the same judge for a claim involving the back injury from lifting a patient.   Claimant had undergone a two level fusion about 3 years after the accident but the employer disputed causation.  The ALJ had relied upon an opinion from a neurosurgeon that the accident had caused a lumbar strain.  The Commission noted claimant's reports of "significant" back pain after the accident.  A therapist appeared questioned the accuracy of the symptoms noting claimant had failed 21 validity indicators. 

ALJ:  Landolt
Atty:  Robbins, Temme
Experts:  Meyers, Kitchens
Treater:  Poulus