The Commission affirms without opinion an award of total disability benefits against the fund and a 35% back and 10% ankle award against the employer with no open medical. Johnson v DirectTV, 2017 MO WCLR LEXIS __ , Inj. No. 12-100647 (released 11-3-2017)
Claimant is a 48-year old who fell in a customer's yard and underwent a single level back surgery. He was released from care in 2013. He testified he now takes Norco and various medications from his personal care physician for "constant" low back pain. He claims he has been unable to work since his surgery due to back pain and the need to lie down on multiple occasions during the day.
He states now that his prior anxiety and sleep problems are worse, and that he lost previous work because of his need to take medication. He noted his alcohol use problems appeared to be in full remission. Dr. Paul felt the need to lie down during the day flowed from his back injury. He has never regained full function of his left leg due to an earlier condition which produced paralysis.
The ALJ awarded PPD against the employer based on the ratings of claimant's expert, Dr. Paul. Dr. Paul concluded claimant developed pain in his right foot from standing too long. He felt claimant's need for any narcotic medication ended after 2 years.
ALJ: Fischer
Atty: Murphy
Experts: Halfaker, Hughes, Eldred, Pau
