The Commission affirmed a PTD award against the second injury fund despite a rating of 90% to the primary injury and claimant's attempts to minimize the impact of medical conditions prior to his accident.
Claimant alleges he hurt his back after pouring concrete for a boat ramp in 2006.
The ALJ awarded 55% for the primary case involving a back surgery. He experienced cauda equine syndrome and released with permanent lifting restrictions. He sought psychiatric counseling for a variety of psychiatric issues which he attributed to being in the "dumps" after the surgery.
The ALJ awarded PTD based on in part on vocational testimony that claimant was "bedridden" and dependent on narcotics. Claimant reported back and leg pain attributable to his recent accident and prior conditions including a previous back surgery. The ALJ found that the high rating of claimant's expert for the primary injury may have been based on incomplete information about prior conditions over-relied on claimant's own attempts to minimize their impact.
Head v Mo Department of Conservation, 2017 MO WCLR LEXIS _____.
Oct. 23, 2017
ALJ Spillars
Atty: Korte
