Sullier v SSM Health
Release Date June 8, 2021
Venue: St. Louis County
Summary: Claimant alleges injuries to her elbow while working as a nurse when a patient using a commode grabbed her arm. The commission affirmed a denial based on the failure in the burden of persuasion by the claimant's testimony and expert testimony which were not found to be credible. The claimant had two accidents involving the same arm with conflicting medical opinion which event caused epicondylitis and the need for surgery. (Inj. No. 13-064888)
Cast
Ottenad
Swaney
Leahy
Woiteshek
Hobbs
Strecker
Comments: The ALJ notes claimant is "confused" by the time line, and her assertion she did not have a second injury is inconsistent with other evidence. The ALJ finds claimant's testimony confused but sufficient to establish a 2013 accident but not credible to determine her condition flowed from the 2013 event as asserted by her expert. (Dr. Strecker attribute the 2014 as the likely source).
The ALJ notes it is troubling whether claimant's expert saw claimant twice as he reported, and that he was not credible to support claimant's burden of persuasion. He notes the expert changed dates and had strikingly identical clinical findings reported from "both" exams and excluded history and findings that would have been expected if he actually saw her a second time.
The ALJ had "doubts" whether claimant's amendment was untimely when the claim was amended 5 years later but did not reach a decision on the merits. The Commission declined to consider the issue as any alleged error was not preserved in the application.
