Jeanie-Herberlie-Whistler v Riverview on the Park and Treasurer of MO.
Release Date: Dec 2, 2019 (Accident date Nov 9, 2013)
Venue: Ste. Genevieve County
Length: 35 pages
Plot summary:
Commission affirms a denial of a PTD claim against the second injury fund and finds her last accident alone rendered a 62-year-old nurse unemployable based on anxiety and depression following an arm fracture.
Inj. No. 13-084576
https://labor.mo.gov/sites/labor/files/decisions_wc/Heberlie-WhistlerJeannie13-084576120219.pdf
Cast:
Robbins, ALJ
Weiss
Rhoades
Dr. Hagen
Dr. Berkin
Dr. Jordan
Dr. Smith
Dr. Liss
Dr. Sky
Lalk
Comments:
In a Fund-only claim, the Commission finds the employee failed to show pre-existing psych conditions represented a hindrance or obstacle to employment. Claimant contends her life was ruined because she had to retire 3 years earlier than she expected due to her unrelenting arm pain following a fracture in her humerus and “cascading” problems including depression/anxiety. One doctor felt she was not medically safe for surgery because of her mental state. Another felt she likely had a somatization disorder.
The Commission found the employee truthful “to the best of her recollection” despite statements that are inconsistent and conflicting. The commission criticized the ALJ’s opinion for its prolixity.
Memorable quotes
“She was a "fragile egg" who did not have the inner resources, given her pre-existing level of disability, to recover from her work-related injury.
“She is angry and resentful that she did not receive home health assistance post discharge, though she did not request it.”
What’s it worth?
$150,000 (CLSS by E/i)
