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.
Atty: Robbins, Temme
Experts: Meyers, Kitchens