Badock v R.P. Lumber
Inj. No 10-004-961
DOLIR 9/18/2017
Claimant slipped while getting out of a truck in 2010 and sustained a fracture with complications. The ALJ awarded permanent partial disability. The Commission modified the award to a total against the employer.
Claimant treated for a metatarsal fracture. He developed shortness of breath and was treated for DVT and PE. The treating doctor released him to full duty and assigned no disability for some recurrent swelling. He was rated by a cardiologist with a 10-15% disability following CT imaging which identified no evidence of PE. Dr. Goldberg felt he was capable of only desk job and to be allowed to keep his leg elevated because of post-phlebetic syndrome.
The ALJ denied the PTD claim and found the assertion that claimant required his foot to remain elevated frequently was unsupported by the medical records. The ALJ found claimant sustained more than 120 weeks of disability.
The Commission found claimant credible that he could not tolerate sustained activities without breaks and that his reliance on anti-coagulants would "discourage" any employer to hire him. It noted that he had no transferrable job skills and although claimant could be active some of the time he could not be considered employable unless he could sustain that level of activity.
ALJ Boresi
Atty Burke, Leritz
Experts: Volarich, England, Rao
