Randy Skaggs v Mo DOT
Release Date: 11 19 2021
Venue: Jackson County
Summary: Claimant injured his right shoulder when he moved a weed eater and developed a recurrent cuff tear imposed on two previous shoulder cases that caused permanent injuries. He underwent surgical repair including a capsular reconstruction. He reports daily pain and states the injury caused a career ending injury (age 59). He was assigned PPD related to both a DVT complication and shoulder, atributed to new and prior conditions. Prior settlements on the shoulder represented 34.5% of the shoulder. The Commission affirmed last accident alone PTD liability.
Comments: The ALJ noted work restrictions following the last accident were determinative on the issue of PTD. The ALJ regarded prior settlements (discussed separately) do not meet 50 week threshold for fund liaiblity. The Commission wrote a separate opinion noting the ALJ incorrectly reported the employer stipulated to accident (stipulation was for "incident") and made comments that were "confusing and inconsistent."
The Commission notes when disaiblity includes qualifying and nonqualifying prior disaiblity there is no fund liability, and stated it did not regard the court of appeals decision Klecka as controlling authority becuase it was on appeal to the Supreme Court. A concurring opinion qualified opinon that the statute required consideration of nonqualifying condition.
Parties:
Rebman, ALJ
Rosenthal
Cordray
Stechschulte
Purinton
