Popejoy v Sauer Construction
Inj. No 05-136093
DOLIR 8/31/2017
The Commission affirms an award of permanent total with open medical to a 53 year old who fell 2 stories when a walk board collapsed which resulted in L3 paraplegia.
The ALJ awarded PTD benefits against the employer, Sauer, which was a subcontractor for Cooksey. Cooksey was dissolved 7 years before the hearing and Sauer was discharged in bankruptcy. Neither employer appeared for the hearing. The SIF requested an 'order' before they would process any bills, and on appeal alleged insufficient evidence to support an award for future medical. The ALJ found $180,024.72 in past medical expenses but awarded $8121.50 against the second injury fund.
The Commission found the SIF liable for future medical and nursing care based on medical testimony that claimant required assistance with transfers and household chores. The commission went on to note that expert opinion was not required when an issue did not require an expert opinion and concluded that it was within lay understanding that someone confirmed to a wheelchair would require future nursing care.
ALJ Hart
Atty: Miller, Kincade
Experts: Levy
Treater: Coyle
