Friday, August 20, 2021

Reversible error to award fund total on cumulative prior BAW settlement

 Walter Adams v Jim Hawk Truck Trailers

Release Date:  Aug 18, 2021

Venue:  Clay County

Plot Summary:  SIF appeals PTD award in which the Commission reverses in a 2-1 decision and disqualified a prior settlement of 15% BAW which failed to allocate disability separately to either the back or bilateral knees and was considered as a basis for a SIF award. No expert indicated claimant would be PTD independent of consideration of the earlier "cumulative" 15% prior.  

Inj. No.  15-073485

Cast:

Siedlik, ALJ 

Doyle, atty 

Pritchard, atty 

Fournier, atty 

Cordray