Thursday, June 28, 2018

Commission affirms uncontroverted award for future medical

Claimant alleges he hurt his knee getting out from under a truck.  He underwent a meniscus surgery and reported continued symptoms.  The ALJ awarded future medical benefits.

The employer appealed the sole issue whether claimant sustained his burden to prove open medical.  Claimant's expert opined he   would require treatment indefinitely.  Claimant sustained a subsequent accident.  The Commission noted the opinion was rendered before the subsequent accident. The Commission noted it was forced to award future medical because the opinion was un-rebutted and un-impeached.    Reynolds v Mo. Hwy and Transportation, June 20, 2018 (3-0 decision).

The ALJ awarded 20% PPD for the knee surgery.

ALJ  Tilley
Atty: Haaahr
Expert:  Paul