Claimant alleges he injured his neck, back and head when he fell while trying to load an air conditioner unit in 2011.
The Commission modified the award to PTD against the second injury fund. The Commission noted that vocational issue is:
whether, in the ordinary course of business, any employer reasonably would be expected to hire the injured worker, given his present physical condition and not simply what jobs a claimant "might" be able to perform given certain job restrictions.
The employer's willingness to accommodate claimant for more than a year after the accident did not necessarily establish he could compete for and maintain gainful employment.
The Commission found claimant's functional illiteracy at fourth grade level was supported by a learning disability rather than an inability to learn, and rejected the SIF that claimant was not impaired by the condition because he was employed for 30 years.
Potts v State of MO Fulton State Hospital
2018 MO WCLR LEXIS (Jan 26, 2018)
ALJ Dierkes
Atty: Kiefer, McCain
