Hillyard v American Staffing
2018 MO WCLR LEXIS 233
Inj. No. 12-030075
Oct. 10, 2018
The Commission affirms a 2-1 award of permanent total against the second injury fund.
The defense relied upon expert opinion that claimant sustained a lumbar strain in the primary injury superimposed on severe back pain for years and a dissent found the claimant lacked credibility to establish he was unable to maintain gainful employment.
The 63-year old claimant alleges he twisted his back while moving boxes. He declined a prior recommendation for back surgery. Claimant relies upon opinion of Dr. Volarich that he aggravated prior spinal conditions. The ALJ found claimant sustained 15% disability on the basis of a strain.
ALJ: Teer
Atty: Cox, Ahrenbach
Experts: Volarich, Lalk, Cantrell
