Claimant alleges in 2012 she injured her back and shoulder stacking tool boxes. The expert do not dispute that the accident injured claimant's back but reach different conclusions about the degree of disability.
The ALJ awarded 35% of the back and an additional amount of disability for the shoulder in 2012.
Claimant treated conservatively for her back and states she still experiences 10/10 pain levels which she treats with over the counter mediation. She describes difficulty walking. She has subsequently undergone a total hip replacement for avascular necrosis. The ALJ awarded the 35% claimant's expert, Dr. Zimmerman, rated to the back but did not award additional rated disability at the hip. The ALJ noted claimant's medical expert reached conclusions that were at odds with other medical records and reports.
The employer relies upon the opinion of Dr. Koprivica who assigned 5% disability for a low back strain for axial pain.
The ALJ awarded approximately $57,000 in PPD for the shoulder and back to about $27,000. The Commission affirmed the award denying future medical which was mostly self-help.
The Commission modified the award from 35% of the back to 15% of the back for a strain. It noted claimant's brain treatment may have impacted her ability to remember events.
Claimant was 53-years old and had worked for the employer in Sedalia for 13 years. Claimant qualified for social security disability in 2014 following surgery for sarcoidosis. She believes her brain condition was also work related, a position not supported by any expert.
The Commission noted the parties did not make TTD an issue, and declined to address findings by the ALJ that claimant was not entitled to TTD.
Mary Claxon v Waterloo Industries, 2018 MO WCLR LEXIS __ (4/18/2018)
ALJ Anderson
Atty: Smith, Gary
Experts: Zimmerman, Koprivica
