Tuesday, December 17, 2019

Commission awards surgery for aggravation of spinal disease

Charles Bourrage v General Motors
Self-insured

Release Date:  Dec. 12, 2019 (Accident date July 25, 2015)

Venue:  St. Charles

Plot Summary:  Commission affirms a temporary award based on injury by accident to the back from pulling a heavy object and finds the claimant's need for surgery  2 1/2 years after the accident and the need for a revision surgery compensable based on aggravation and a progression of a pre-existing degenerative  pars defect to progress to a spondylolisthesis.

15-053452
https://labor.mo.gov/sites/labor/files/decisions_wc/BourrageCharles15-05345212-12-19.pdf


Cast:
Landolt, ALJ
Gregory
Rommel
Curylo
Volarich
Rutz

Comments:  Employer is ordered to pay back TTD since July 2017 when he went on short term disability/sick leave and has not worked since.  Dr. Kitchens testifies the pars defect had worsened between 2015 and 2017.  Employee sought treatment in 2015 when employer asserted the claim was not compensable.  Dr. Volarich had initially found claimant at MMI in 2016 and when he re-examined him he "withdrew" his earlier opinions about PPD and MMI.