Houchin v. Trimmasters
2018 MO WCLR LEXIS (Jan 25, 2018)
The Commission affirms an award of total disability based on the findings that:
"Ms. Houchen’s work-related injuries to her neck, shoulders, psychiatric injury and opioid dependency render her permanently and totally disabled. "
Claimant in 2006 was lifting sheets of plywood that were caught in the wind. At the time she was ripping plywood to build windows. She underwent surgery for a cervical fusion. She developed eye problems using Neurontin. She underwent surgeries to both shoulders. She reported symptoms in her arms and legs. She was diagnosed with depression and chronic pain disorder. Other profound non-occupational stressors are noted.
Her expert concluded PTD:
"taking into account her cervical conditions, bilateral shoulder conditions, visual difficulties and mental condition secondary to her work injury. Dr. Poppa and Dr. Caffrey concluded that the use of medications precludes sedentary work."
Surveillance showed her pushing a truck in a method that was inconsistent with her level of complaints treated only with opiates. She planned to go to California so some doctor could do multiple artificial discs. She was "fired" by pain management for not following a patient agreement. Another doctor suggested she wean herself from narcotics.
The ALJ noted:
"Houchen’s exaggerations do not negate her credibility or her injuries, the exaggerations merely go to the weight given her testimony."
The ALJ noted the only vocational expert regarded claimant credible and unemployable.
ALJ Rebman
Atty: Mandelbaum, Hallaron
Experts: Poppa, Wilson; Fielding, Wilson, Koprivica
