Robert March v Treasurer of the State of MO.
release date: Aug 31, 2021 (Accident April 2015)
venue: Western District
WD 84377
Summary: Claimant challenges the sufficiency of evidence to deny his claim.
Claimant settled a claim for repetitive trauma disorder (arms) allocated at BAW. (110 weeks). Claimant sought SIF benefits for pre-existing disability for his legs (among other conditions) and a doctor rated 30% of each leg and separated out non-occupational conditions impacting the legs such as obesity (approaching 500 pounds). Claimant presented uncontradicted opinion and the fund offered no expert.
The ALJ found the uncontradicted opinion of the expert not credible. The Commission found the expert credible but concluded it was "equally likely" that prior conditions without the addition of the primary injury rendered claimant unemployable. The court found such conclusions to deny liability not supported by expert opinion and speculation and conjecture. The Commission could have found claimant's expert not credible, but disavowing that conclusion of the ALJ, it added credence to the only expert opinion on the issue.
The court noted it was not obligatory for the Fund to present evidence, but such strategy was risky to argue that claimant failed in its burden of persuasion.
