Thursday, April 15, 2021

Commission affirms 2-1 PTD for back surgery

 Kevin Willems v Upland Trucking

Release Date 4  8 2021

Venue:  Jackson County

Summary: Commission affirms PTD award for back injury treated with surgery and spinal cord stimulator.  Claimant had a 1980s back surgery also involving the lumbar spine.  Claimant alleges he needed to lie down at unpredictable intervals and required narcotics  due to back pain.  A dissent felt claimant's capacity to sell real estate was inconsistent with his claim of PTD. 

Second injury fund offered no evidence to support its defense that claimant had sought benefits in another state. 287.220(12). 

Cast:

Siedlik

Stang, atty

Lobdell, atty

Koprivica

Logan (psych)

Fevurly

Drieling

Cordray