Jimmy Fields v Treasurer of MO
Release Date: July 20, 2021 (2012, multiple)
Venue: ED 109259 Div. 4
Plot Summary: Claimant alleges multiple back injuries and noise exposure while working as a ramp agent for Southwest. He settled 5 claims against his employer and sought benefits against the Fund. The court reversed a denial of fund benefits on the basis of prior hearing loss.
Comments: Claimant's expert rates 25% collectively for disability to the back among 4 claims and stated he "guessed" to apportion disability equally. He declined to rate the hearing loss but testified to a synergistic effect between the back conditions and hearing loss to render him totally disabled.
The court affirmed a denial of multiple PPD claims against the fund but reversed and found PTD on basis of the prior hearing loss. The court found claimant did not meet his burden to establish percentages of disability and the Commission could find Dr. Margolis apportionment to lack credibility as it was based on guesswork.
The Court found the commission's finding that claimant was not totally disabled in combination of the hearing loss was inconsistent with its earlier award of partial disability on the back alone. Dr. Margolis' opinion about synergistic effect to cause PTD was sufficient to support a PTD award even though he deferred to rate the degree of permanency related to the hearing loss. The court found such testimony proceeded, without objection, and was not contradicted and the commission acted arbitrary without regard for the evidence to deny fund liability.
Gardner, Hon.
Gaertner and Hess concur
Experts
margolis
stock
cantrell
davis
mikulec
