Friday, October 4, 2019

Expert who misidentifies body part and medical history found to be less credible

Kenna Morris v Curators of the University of Mo and Treasurer of MO
self insured

Release Date:  Oct 3, 2019 (Accident date Oct 11, 2012)

Venue:  Boone County

Plot Summary:  The Commission affirms a partial disability award against the second injury fund in a majority opinion and rejects the contention that a 58 year old hospitality coordinator  is now unemployable in the open labor market.  The ALJ notes claimant was working regularly and pursuing a graduate degree until her capacity to work was derailed by a stroke.

Inj. No. 12-079705
https://labor.mo.gov/sites/labor/files/decisions_wc/MorrisKenna12-07970510-03-19.pdf


Cast: 
Powell, ALJ
Kiefer, atty
Eliason, atty
Cohen
Choma
Skahan
Frisella
Snyder

Comments:  The ALJ finds contemporaneous treating records more persuasive than Dr. Cohen who was found not credible when he attributed lumbar complaints to the accident and claimant stated the accident involved the thoracic spine and mischaracterized the scope of prior treatment.   A dissent felt claimant established she was unable to maintain employment before her stroke.  The majority clarifies findings of fact how long she attended classes to work on her master's.


What's it worth?
thoracic 5%
right shoulder 21.8% - capsular release