Elford Crafton v UPS Freight
2018 MO WCLR LEXIS ___
May 2, 2018
Claimant had a 2011 motor vehicle accident and he was released with a 3% rating. A surgeon concluded his condition was MMI. Claimant sought additional treatment on his own for a 2-level lumbar fusion and the Commission affirms an award of medical and PPD.
The Commission noted the employer tendered a second opinion of Dr. Coyle, who found that claimant was not a surgical candidate, the spinal condition was degenerative and was not related to the auto accident, and he needed to lose 75 pounds. The Commission noted there was no binding agreement that the parties would be bound by Dr. Coyle's conclusion as a tie-breaker, and the claimant could proceed on his own with treatment, resulting in an award of more than $240,000 in medical and 30% PPD. The Commission found insufficient evidence to award all the TTD claimed because the length of the employment was not firmly established and testimony of pain was too speculative to affirm the TTD award The commission noted the claimant had understated the amount of medical due by about $2,000 and awarded the higher amount.
The commission noted the attorney who tried the case asked the ALJ to award the fee to other plaintiff counsel.
ALJ: Carlisle
Atty: Walkenhorst, Morgan, Neumeyer,
Treater: Robson
Experts: Woiteshek, Chabot, Coyle
