Koch v Aldi
Jan 31, 2018 2018 MO WCLR LEXIS ----
ALJ Hart
Atty: Cox, Barnett, Toepke
Experts: Lux
The Commission affirmed a denial of past medical bills of more than $51,000 to a claimant who fell in 2013, strained her hip, and claimed new symptoms required her to have new surgery to revise a prior hip replacement.
Claimant failed to prove the need for new hip surgery flowed from her accident based on equivocal testimony. Dr. Lux initially stated it was unrelated and then stated the need for surgery was related based on a medical history that claimant was asymptomatic and developed intense pain after the accident. Dr. Volarich testified the claimant remained symptomatic and missed work as the prior replacement due to wear and tear (osteolysis) Claimant had a prior right hip replacement in 1990, a revision of the prior hip in 1996 for a failed replacement, and she returned to her former surgeon, Dr. Lux, following the 2013 accident, 17 years later.
The ALJ awarded 15% for a hip strain and denied future medical. The Commission affirmed an award of total disability against the second injury fund.
"She credibly testified these injuries were a hindrance or obstacle to her employment in that they limited her ability to lift, kneel, and grip. Her strength was reduced and she needed assistance from co-workers. She limped at times and had swelling in her left ankle. She had low back pain and stiffness that limited her ability to sit or stand very long."
The commission stated it deferred to the ALJ's findings on credibility, despite some inconsistencies, but noted it was not legally compelled to follow such a determination. The commission further noted it considered issues of both causation and nature and extent, although it noted argument in the appeal was broader than the issue on the application for review.
