The Commission reverses a denial of benefits for a claimant bending over to change a hospital sheet/mattress and awards total disability against the fund and open medical and partial disability against the employer.
Claimant in 2012 reports she experience back pain and numbness down her legs while changing a bed sheet. The Commission characterized the accident as lifting a mattress in an awkward space.
She saw Dr. Robson who performed a multi-level fusion. She described continued difficulty walking, standing, and lifting.
Dr. Volarich felt she had 35% pre-existing disability. Dr. Bernardi felt her condition was long-standing and chronic.
The ALJ found Dr. Bernardi more credible and claimant failed to prove a injury arising out of and in the course of her employment.
The Commission noted claimant had treated for her back prior to the accident and had epidural injections. Prior to claimant's accident she had psychiatric symptoms but claims her psychiatric condition worsened after her accident. She remains under the care of a psychiatrist.
Dr. Robson, her treating physician, found the need for surgery flowed from the accident.
He did not feel she required additional medical care.
Dr. Volarich opined claimant required further medical care.
Dr. Bernardi conceded the accident aggravated her prior condition and made it symptomatic.
Dr. Jarvis felt she had no psychiatric disability as a result of the accident.
Dr. Brockman felt that claimant required further psychiatric care based on the conclusion that the accident aggravated her prior psychiatric condition.
The Commission awarded permanent partial for orthopedic and psychiatric based on an aggravation theory, and open medical. The Commission reframes the findings that claimant attempted to lift a mattress.
The Commission ordered the employer to pay more than $109,000 in medical costs and rejected the defense that claimant did not ask for treatment.
Snezana Kalajdzic v St. Louis Children’s Hospital
2018 MO WCLR LEXIS ______ (1/30/2018)ALJ Landolt
Atty: Niesen, Kafoury
Experts: Robson, Volarich, Bernardi, Jarvis, Brockman
