Thursday, November 2, 2017

Commission affirms denial on lack of crediblity but "disavows" findings that medical condition was idiopathic

Clayton Hosmann
v Bill Grant Ford
Oct 31, 2017 Wilson
2017 MO WCLR LEXIS 49.

The Commission affirms a denial of benefits that claimant was not credible on issues regarding medical history, physical limitations and restrictions which undermined the medical opinion of his expert.

Claimant had a history of prior left leg radiculopathy and alleged he developed an occupational disease in 2012 while detailing trucks.  In 2013 he underwent back surgery with hardware. Dr. Swain, his expert, concluded his prior condition had "resolved."  Dr. Belz attributed the condition to polyarthropathy.

The Commission disavowed the ALJ finding that claimant's condition was idiopathic from an auto-immune disease or the expert opinion that claimant's repetitive activity was not a contributing factor to his condition, but affirmed the denial based on lack of credibility.