Saturday, September 18, 2021

Application for review sufficient to withstand motion to dismiss

 Linda Miller v Henniges Automotive  (SIF only)

Release Date:   Sept. 14, 2021

Venue:  Eastern District, Div.  1   ED  109432

Summary:  Court reverses the Commission's dismissal of claimant's application for review and finds the application satisfied the standards of 8 CSR 20-3.030(3)(a) with sufficient specificity when it went into detail about Dr. Cohen's testimony and whether the ALJ misapplied the testimony to the 2015 or 2016 claims.  Claimant noted that Dr. Cohen "corrected" his opinion that the restrictions applied to the 2016 occupational disease claim and not the 2015 injury by accident claim. .  The court agreed the "cover sheet"  alleged the decision was not supported by sufficient evidence  and such asserted error was not enough but the application allowed and included additional pages with further detail.   The court did not address the merits of the alleged error.