Claimant injured his left groin while turning a valve in 2010. He claims he developed nerve entrapment after a hernia repair and became depressed. He was released to return to work without restrictions. Adams v City of Kansas City Inj. 10-067514 8/15/2017
The ALJ awarded PTD benefits based on vocational testimony that claimant could not tolerate work because he was in too much pain and had to lie down during the day and that he required pain medication. He was advised by his expert that he needed a spinal cord stimulator. The ALJ awarded future medical but noted that future medical was not identified as a stipulated issue.
On appeal, the Commission found that evidence supported an award of open medical, that the employee made it an issue in the course of the hearing when the ALJ asked whether he wanted to consider it. The Commission notes the defense did not object or preserve error on appeal that the ALJ may have exceeded his authority.
The Commission found no expert opinion was necessary to show that use of pain relieving medication was reasonable to alleviate symptoms of pain nor was there express expert opinion that the continued use of such medication was not necessary.
ALJ: Rebman
Atty: Wickersham
Experts: Parmet, Titterington, Wheeler
