Tuesday, February 2, 2021

Commission rejects PTD claim for treatment after retirement

 Mark Lynch v Anheuser Busch 

Date Feb. 2, 2021  (Accident date Jan 30 2009)  

Venue:  STL

Plot Summary:  Claimant fails to prove his injury by occupational disease (carpal tunnel) combined with pre-existing conditions when claimant retired in 2009 (last date of employment), he had knowledge of carpal tunnel at time of his retirement, and two years later sought care.  Dr. Rotman felt he had neuropathy unrelated to a work related carpal tunnel.  The employer settled the case at 20% of the wrist.  A dissent would have awarded PTD on the finding that claimant had some unidentified problem with his wrists when he was still working.

The ALJ notes the proper date was the last date of employment and found the SIF offered no evidence on a notice defense and no evidence to contest the extent of disability. 

Inj. No.  09-101188, 09-039485


Cast

Teer, ALJ 

Woiteshek

Rotman

Tatlow

Morgan

Campbell