Robert Schebaum v ABB Holdings
Released: 8-10-2021 (accident Jan 2014)
Venue: Cole County
Plot summary: Commission in 2-1 decision affirms denial of PTD against then fund for failure of proof of statutory requirements of 287.220.3(2) for bilateral knees and hearing loss when he was working 70 hours a week prior to primary
The Commission found expert opinion on PTD relied upon nonqualifying total hearing loss that did not fall within one of the four qualifying subcategories:
(i) A direct result of active military duty in any branch of the United States Armed Forces; or (ii) A direct result of a compensable injury as defined in section 287.020; or (iii) Not a compensable injury, but such preexisting disability directly and significantly aggravates or accelerates the subsequent work-related injury and shall not include unrelated preexisting injuries or conditions that do not aggravate or accelerate the subsequent work-related injury; or (iv) A preexisting permanent partial disability of an extremity, loss of eyesight in one eye, or loss of hearing in one ear, when there is a subsequent compensable work-related injury ....
It appears Eldred later attempted to modify opinion that PTD was due to knees alone. ALJ found Eldred not persuasive by live testimony of PTD from knee injuries alone when prior opinion found claimant's hearing loss a combining factor in PTD. Knees were found 25% and 45% disabled with 100% hearing loss (180 weeks) as part of a global disability presentation.
Cast:
Fischer, ALJ
Snyder
Koprivica
Eldred
