Saturday, December 7, 2019

Commission affirms award and declines sanction for "deficient" brief

Thomas Fenwick v Doe Run 
American Zurich Ins.  Co.

Release Date: Dec. 4, 2019 (Accident Date May 22, 2014)

Venue:  Iron County

Plot summary:  Claimant alleges injury by occupational disease to both wrists from working as a miner, roofer, truck driver and heavy equipment operator.  The Commission affirms the award and finds moot the objection that the employer's brief did not comply with the statement of facts  was not fair and concise without argument despite the "deficiencies."

Inj.  No.  14-0364621
https://labor.mo.gov/sites/labor/files/decisions_wc/FenwickThomas14-03646212-04-19.pdf

Cast:
Strange, ALJ
Seufert
Lory
Volarich
Crandall

Comments: 
 "Prior to October 30, 2019, 8 CSR 20-3.030(5) only specifically addressed the Commission's authority to decline to consider a brief that failed to comply with the provisions of 8 CSR 20-3.030(5)(8), relating to page limits for petitioner's and respondent's briefs and the time limit for filing a reply brief. The Secretary of State did not publish the current version of Rule 8 CSR 20-3.030(5)(C) for comment in the Missouri Register until May 15, 2019, and the revised rule did not become effective until October 30, 2019, nearly four months after employer/insurer filed its brief with the Commission."

What's it worth?

20% of each wrist (CTS)