Tuesday, July 13, 2021

Impeaching video diminishes PTD claim for foot injury

 Kenneth Stratton v R&L Carriers

Release Date:  7-12-2021  (Oct 2015)

Venue:  Jackson County

Summary:    Claimant fell and injured his foot resulting in 22.5% disability and fails to prove PTD or future medical.       

Inj  No.  15-079592

inal award deny comp - affirm (mo.gov)


Parties:

Siedlik, ALJ

Starke

Weltz

Stuckmeyer

Hornton

Speckler

Cordray

Comments:  The ALJ notes claimant's evidence is contradictory and video is problematic and inconsistent with testimony.  A dissent would have awarded PTD benefits and allowed the admission of a hearsay report because the report is referenced by vocational experts.