Thursday, June 28, 2018

No accident from kicking leg.

The commission affirms a denial of benefits for a knee injury because of a failure to prove  a compensable accident arising out of employment.

Claimant alleges in 2014 she kicked out her leg while working a forklift.  In 2015 she alleges she reinjured the leg when she swung it out to put it on a step. 

Claimant's expert concluded both incidents contributed to the need for a knee replacement and back symptoms. A defense expert indicated claimant had degenerative spinal disease unrelated  to the events. 

The ALJ concluded claimant failed to prove she sustained an injury arising out of her employment.  The Commission affirmed and noted claimant failed to prove both a risk source was work related or that she could have avoided the risk outside of her employment.  MacFedries v General Cable Corp., 2018 MO WCLR LEXIS    (June 14, 2018)


ALJ Fischer
Experts:  Stuckmeyer