Alan Marberry v Treasurer of MO.
Release Date: Oct 26, 2021
Venue: ED 109554
Summary: Claimant sought PTD benefits against the fund after settling with the employer for a slip and fall injury to his back resulting in a 13.4% settlement. The Commission found claimant failed in his burden of proof to show PTD from a primary injury in combination with a prior single qualifying disability and PTD was due to a combination of prior disabilities.
The court found prior qualifying disabilities could be considered in the determination of fund liability and only the priors, and not the primary, had to satisfy the 50 week threshold. The fund's contention that the shoulder prior was something less than 50 weeks was not supported by any medical opinion. The court found no need to remand when it found Dr. Volarich credible (as the only medical expert) and the Commission already concluded claimant was unemployable due to a combo.
Parties
Page, Hon.
Volarich
Lalk
Thurmer
Lecinski
Campbell
