Wednesday, July 26, 2017

Benefits awarded for pain after "tilting" neck

The commission awarded 20% disability to a 65-year old state employee who alleges her neck felt funny when she bent it at work to clean a sink.  Estes v State of MO., 2017 MO WCLR Lexis 36 (July 18, 2017).

"She tilted her neck such as to cause her to have pain in her neck and such that she "saw stars."

She reported the accident in May 2012 after a leave for other medical conditions.  She initially declined an offer of treatment but later pursued injection and RFA on her own.  She testified she had a limited capacity to lift.  She subsequently had additional orthopedic surgery for her shoulder and knee.  The employer designated doctor had recommended care and attributed a nominal amount of permanent disability to the incident.

The commission affirmed an award of 20%.  The ALJ denied liability for the shoulder and denied a claim of PTD benefits.

ALJ  House
Atty:  Platter
Experts:  Lennard, Parmet