Phillip Guinn v Solo Cup
Zurich American Ins. Co, Treasurer of Mo
Release Date: Sept. 26, 2019 (last employed 2006)
Venue: Southern District
Summary: The Commission affirms a denial of benefits a second time of an alleged PTD against the second injury fund and finds claimant failed to prove a right to benefits under 287.200.2 that the SIF claim is based on pre-existing permanent partial disability. The employer had settled the case involving alleged hearing loss.
Claimant, 63, retired in 2006 and was awarded social security benefits likely due to Parkinson's disease. He reports the condition became progressively worse and he could no longer do his job and in his last year he would 'essentially stand around.' In 2013 he filed a claim against the second injury fund and sought PTD benefits because of his hearing loss, tinnitus, and the prior Parkinson's, which was diagnosed in 2003.
The SIF raised defenses of injury by occupational disease, notice and statute of limitations and SIF liability. The experts reached different opinions whether claimant was unemployable solely because of his Parkinson's disease. Dr. Koprivica, claimant's expert, assigned additional disability for 2.45% for hearing impairment and 12.5% for tinnitus. Dr. Parmet, the SIF expert, felt there was no measurable degree of disability of speech reception thresholds and discrimination scores as a result of the tinnitus and that his hearing loss was likely due to occupational noise exposure (conductive) as well as sensorineural forms associated with Parkinson's disease and age.
The ALJ awarded total benefits against the Fund. The commission reversed and found the claim barred by the statute of limitations. The court of appeals reversed and found the claim was not discoverable that claimant had an occupational disease until January 17, 2013 when he filed a claim against the employer (In May 2013 his expert told him the condition was work related). The Commission denied benefits when the case is on remand and find claimant's prior Parkinson's disease reached a level of severity that the prior condition was not "partial" disability to qualify for benefits and rendered claimant unable to work in the open labor force before consideration of any the hearing loss.
A dissenting commissioner would have awarded PTD benefits.
Inj. No. 06-136330
https://labor.mo.gov/sites/labor/files/decisions_wc/GuinnPhillip06-13633009-26-19.pdf
Cast
Wilson, ALJ (original decision)
Hosmer, atty
Burks, atty
Koprovica
Parmet
North
Duff
What's it worth?
benefits denied
