Schoen v Mid Mo Mental Health
DOLIR 10-10-2018
2018 MO WCLR LEXIS 232
Inj. 09-034298
The Commission in a 2-1 decision reverses an award of PTD benefits for injuries sustained when a doctor seeing claimant for a comp injury from exposure to ant spray tried to kick a dog in the waiting room and inadvertently struck the claimant's leg and caused her to fall.
Claimant alleges injuries to the neck, back, shoulder and knee. At the time of the accident claimant was a 68 year old charge nurse. She described multiple orthopedic problems.
The Commission found the injuries sustained at the doctor's office were not in course of treatment by the doctor. The dissent argued that injuries sustained were all considered to be natural and probable consequences of the original accident.
The parties did not brief whether the injuries were sustained as a result of the doctor's visit were the result of the occupational exposure to Cypermethrin.
Atty: Truman Allen, Tim Wilson, Herrmann, McCain
Experts: Volarich, Hyers, Paletta
