Claimant who delayed case with unreasonable conduct denied fees and costs

 Donnell v Tran State Airlines

Release Date:  June 14, 2022

Venue: Eastern  ED 110126

Decision:  Commission did not abuse its discretion to deny fees and costs under 287.560 based on factual  findings that both parties engaged in unreasonable antagonist conduct. Claimant contends defense failed to comply with a 2012 award for future medical treatment without a defense in a five year delay in the Remand Hearing. 

The Commission  awarded $791,740 as a commutation of a future medical award.  The respondent did not object to the Commission's authority to commute the future medical award, but the record did not contain the request for commutation of treatment related to an  ankle injury asosciated with RSD or CRPS.  The Commission found the payment of PTD had been  timely and denied the request to commute PTD benefits.  The employer had complied with the duty to provide future medical pursuant to the award until the claimant filed a motion for commutation and stopped benefits after 2014.    

Odenwald, Hon.

Hoffman, atty

Lecinski, atty 

Wright, atty (at Ct of Appeals)

Levy, atty (at DOLIR)

Appeal fizzles to explain "now, what really happened...."

 Sherry Edwards v FedEx Ground

Release Date:  June 9, 2022

Venue:  Jackson County

Summary:  Commisson affirms a denial of benefits of an alleged accident when claimant fell off of a stool and alleged various orthopedic injuries.  The ALJ found defense expert more credible that the accident may have been a  contributing factor and aggravated degenerative conditions but was not the prevailing factor and found claimant's psychological conditon better explained by an unrelated somatic disorder.

Inj.  No.  17-102900.

Claimant sought to introduce additonal evidnece with the commission premised on a request to explain "what really happened."  The Commission found no basis to accept additional evidence and noted the employer had not requested dismissal of the application.  

Zimmerman 

Lingenfelter

Fevurly

Barnett