Inj. No. 08-040135
2018 MO WCLR LEXIS ----
The Commission 3-0 reversed an award for SIF benefits to a 20 year old claimant based on lack of persuasive evidence of synergy.
Claimant sustained an injury in 2008 from lifting bottles of water, received surgical and other treatment for the shoulder and arm, and settle the case for 22.5% BAW.
Claimant sought additional disability for a prior knee condition treated with surgery from school sports. She reported the knee continued to cause some symptoms at the time of her primary accident.
Claimant's expert, Dr. Koprivica, found no evidence of disability. Claimant relied upon a different expert opinion from Dr. Poppa who found prior disability.
The Commission affirms the finding of a prior disability despite the conflicting opinions of claimant's own experts, , although it notes the finding is supported by inference as the judge's opinion had an incomplete sentence.
The Commission reversed a finding of SIF liability based on the absence of credible testimony concerning synergy how the primary arm injury combined with the prior knee condition.
"Dr. Poppa does not explain how or in what way the knee injury combined....Dr. Poppa's conclusory statements are insufficient to persuasively establish the fact of synergy."
ALJ Rebman
Att: McNamara, Fournier
