Wednesday, November 16, 2016

Back TTD ordered for disputed repetitive trauma

Clawson v Cassens Transport Company
2016 MO WLCR LEXIS 70 (Nov 1, 2016)

The commission affirms an award of benefits for a 2015 knee injury in a temporary award as an occupational disease.

Claimant asserts that he had a very physical job.  The employer refused to send him to a work comp doctor after he described worsening of his symptoms.  Claimant's expert concluded that an MRI finding in 2016  of a new meniscus tear  flowed from his work duties.  He had been released from the 2010 accident with a knee strain based on a normal MRI. 

The ALJ ordered TTD benefits based on claimant's testimony that he felt he was unable to work and work restrictions that prevented from kneeling or squatting.  The employer was ordered to pay more than $55,000 in back TTD benefits at the time of the award plus ongoing benefits.  The employer had paid some benefits and had made a 4,000 advance. 

The ALJ notes the employer raised a notice defense but had a witness sit in the court room and was not called to testify.   "Mr. Liljequist was present in the courtroom for the entirety of the employee's testimony. However, Mr. Liljequist was not called to give any contrary testimony on the issue."