Thursday, October 22, 2015

Commission affirms PPD award

The Commission affirmed an award for PPD involving an admitted accident.  Dewald v Select Motors, Inc., 2015 MO WCLR Lexis 97. 
Claimant alleged he sustained injuries when he jumped into a loader.  He claims he hurt his neck and back. 
The parties disputed PPD and future medical care.
Claimant was diagnosed with a back strain.  One expert questioned whether the complaints of  popping in his neck really had anything to do with his injury.  The accident caused acute rib fractures.
The expert opinions varied widely from 3% (Dr. Cantrell) to 40% (Dr. Woiteshek).  
Neither expert supported his demand for future medical care.
The ALJ noted claimant's history of prior convictions and missing therapy appointments.  He did not indicate whether this impacted claimant's credibility.
The Commission affirmed an award of 12 1/2% without a separate opinion.
ALJ  Gorman
Atty  Warner, McHugh
Experts:  Woiteshek, Cantrell