The 2-0 commission affirmed an award of total SIF benefits to a 52 year old man with a series of 3 back injuries. Johnson v RBJ Investors, 2018 MO WCLR LEXIS (DOLIR 2/23/2018)
Claimant reported he had back pain before the primary injury and used narcotic medication on occasion and a brace to treat a foot drop following surgery for a prior herniated disc. Claimant asserts after his last accident his pain is "much worse", that he uses medications more frequently and must lie down to alleviate his symptoms.
The ALJ noted claimant had an identifiable accident from carrying firewood that caused "great pain."
He asserted prior to the accident he worked "up to" 70 hours a week. The expert for the claimant attributed partial disability to the last accident alone. The fund apparently offered no expert opinion to challenge the testimony in the 2013 case.
ALJ: Fowler
Atty: Martin, Fournier
Treaters: Dr. Clough
Experts: Dr. Stuckmeyer, Direling
