The Commission affirms a total award for a shoulder injury but modified an award of TTD while claimant also collected unemployment benefits. Duarte v Butterball Inc., 2018 MO WCLR LEXIS (May 10, 2018).
Claimant alleged repetitive trauma while working for several months to remove meat from turkeys. Claimant immigrated to the United States when he was 63 years old and speaks limited English. Claimant denied prior symptoms. He treated primarily for a cuff tear.
The ALJ found causation and awarded PTD and more than a year in temporary disability benefits. Claimant's expert, Dr. Volarich, imposed permanent restrictions and rated 40% PPD. Dr. Parmet attributed claimant's condition to arthritis. Eldred felt claimant's physical restrictions prevented him from working and no one would hire him. Drieling felt he was unemployable but not due to the last accident alone. Claimant contends the employer would not rehire him.
The ALJ awarded future medical and noted "hardware" from the surgical procedure. The summary of the two surgeries does not mention hardware so it is unclear what hardware was involved in a cuff tear.
The ALJ awarded benefits of PTD after 2010 noting the last date of a exam by the treating doctor despite the absence of a finding of MMI.
The employer appealed and claimed the lack of evidence to support MMI.
The Commission relied up a 2013 IME report from Dr. Volarich as a basis to make a finding of MMI.
The Commission modified an award of nearly a year of TTD benefits and agreed claimant was not entitled to collect TTD when he also collected unemployment benefits for periods in 2010 and 2011 based on 287.170.3.
ALJ Wood
Atty Newman, Bullock, Pierce
https://labor.mo.gov/sites/labor/files/decisions_wc/DuarteManuel.pdf
