Wednesday, January 31, 2018

Ankle injury spirals into PTD award

The commission affirms an award of permanent total without separate opinion. 

Claimant reports he slipped off of a platform in October 2014.

Claimant treated initially for a metatarsal fracture and symptoms in his knee and back.  Claimant had previously treated for a compression fracture and went to chiropractor periodically. Claimant hired Dr. Volarich who concluded claimant developed symptoms in both knees and his back.  Claimant's vocational expert concluded that Dr. Volarich's restrictions rendered him unemployable in the open labor market.

The employer's expert concluded claimant could compete for low-skilled jobs. 

The ALJ found claimant's accident caused injuries to the ankle, knee and back and that he was credible although he was "emotional" at the hearing.  The ALJ ordered future medical.

The ALJ found the case was defended on reasonable grounds and rejected a claim for attorney's fees. 

The ALJ sustained objections to exclude a vocational expert from reading summaries about a medical condition.
 Hardwick v Conagra Foods Packaged Foods
2018 MO WCLR LEXIS ___  (1-25-2018)

Atty:  Jackson, Walsh, Doner
Experts:  Volarich, Snider, Skahan, Cordray, Climer