Tuesday, November 27, 2018

Commission affirms denial of injury by occupational disease due to inconsistencies in records

Jessica Timmer v Gilster-Mary Lee
Inj.  14-073185
2018 MO WCLR LEXIS  244
Nov. 8, 2018

The commission affirms a denial of benefits on a failure of proof of injury by occupational disease from performing various cleaning jobs. 

Claimant reported only temporary improvement after surgery performed by Dr. Vaught for a single disc level and she requested further care including an additional surgery.

Dr. Crane found the symptoms likely related to a non-occupational injury lifting a camera.  He stated spinal symptoms may be spontaneous or from small events such as sneezing.

The ALJ makes detailed findings in a 21 page award noted claimant's testimony was "adversely affected" by inconsistencies in her records, and history, and a belated diagnosis of disc herniation.


ALJ Kasten
Atty:  Elfrink, Remley
Experts:  Poetz, Crane