Several unsecured totes inside a parked truck on private property fell from a trailer and struck claimant in the head, resulting in permanent total disability when surgery for a neck injury did not cure her. Cummins v Penske Logistics, 2014 MO WCLR Lexis 79 (June 13, 2014).
She asserted as a result of the accident she developed constant neck pain, post-concussive syndrome and PTSD, and required daily rest breaks. Dr. Park had performed a multi-level cervical procedure.
Dr. Koprivica was regarded as credible. Dr. Jackson indicated claimant could not return to driving a truck but was employable in the open labor market. The vocational expert indicated at 61-years old claimant was unemployable, that her prior extensive medical experience in nursing was not a transferrable skill, and no one would hire her if she needed to lie down.
ALJ Cain
Experts: Koprivica, Jackson; Drieling, Sprecke
Treater: Dr. Park
