The Commission affirms a PTD award without a separate opinion.
Claimant alleges in 2011 she fell backwards and hurt her back when she was engaged in defensive tactics training. Claimant alleged PTD benefits against the employer or SIF.
She was diagnosed with a L2 burst fracture. She retired from her job in 2013. She had previously orthopedic treatment for her low back leading up to 2008. She reports new intolerance to sitting and she must take naps regularly during the day.
Dr. Volarich testified claimant was totally disabled from the last accident alone due to the severity of symptoms and she required future medical. Claimant's vocational expert indicated that restrictions suggested by Dr. Volarich precluded her from sedentary work.
Dr. Coyle assigned partial disability and did not identify the need for future medical treatment.
The ALJ awarded total disability against the employer and found claimant's reports of severe pain when she attempted to return to work as evidence that she could not compete in the open labor market.
Connie Carty v Southeast Missouri Health
2018 MO WCLR LEXIS (1/18/2018)
Atty: Seufert, Harris, Kincade
Experts: Volarich, Gonzalez; Coyle, England
ALJ Tilley
