Amie Elsworth v Wayne County Mo (Mo Association of Counties)
No. SD 34919 2018 MO APP LEXIS 421 (April 24, 2018)
The employer appeals an award of PTD and alleges the commission erred when it failed to allow a reduction in benefits due to an alleged safety penalty for speeding and failure to wear a seat belt. The Court affirms. The employer sought a reduction of benefits for an 18-year old involved in a catastrophic truck accident that put him in a permanent vegetative state.
The employer asserted it warned claimant to obey traffic laws and wear a seat belt. The employer argues that claimant did not follow the rules because he was speeding and did not wear a seat belt. The Commission affirmed the award of ALJ Robbins which denied the safety penalty. The employer asserted various negligent acts.
The court noted the employee received on the job training without evidence of the specificity as to what training was provided or received. The commission in the past had considered the efforts of employers to distribute written safety materials, schedule and present training seminars, warning employees with disciplinary actions, testing to be sure that employees understand the rules and if previous violations have gone unpunished. The section does not require a safety rule to be written. The Commission was free to disbelieve the employer concerning the scope of its safety rules and enforcement.
An accident reconstruction expert testified that the employer failed to adequately train the driver. He had obtained a commercial driver's instruction permit only two weeks before his first day n the job.
The case involves a 2007 accident. At the time of the original hearing, the employer had paid more than 2.5 million in past medical benefits.
https://labor.mo.gov/sites/labor/files/decisions_wc/ElsworthDustin.pdf
