Richardson v Aramark
2018 MO WCLR LEXIS 245
Nov. 16, 2018
Inj. No. 14-007587
The Commission affirmed a denial of benefits that claimant failed to prove both accident and injury by accident as a result of shoveling snow due to inconsistencies in medical histories and the likelihood that his medical condition was better explained by non-occupational factors of high blood pressure, Type 2 diabetes, coronary artery disease, hyperlipidemia, obesity, and hypertension.
Claimant worked as a custodian and alleged shoveling snow near an entrance way increased his chest pain. Claimant went to the hospital the same day and underwent a cath which identified coronary artery disease but no acute MI. Claimant relied upon expert opinion of Dr. Poetz that he sustained permanent partial disability from a chest strain. Dr. Cantrell testified on behalf of the employer that claimant did not have pain and tenderness to support a diagnosis of chest strain and that any "atypical chest" symptoms were associated with underlying heart disease.
Claimant sought recovery of some unpaid medical bills, among other benefits.
The ALJ found concluded claimant failed to prove accident. Claimant's medical records and "demeanor at hearing" impacted his credibility. Claimant indicated records indicating prior symptoms were false and asserted he had no prior issues between a prior heart attack several years earlier leading up to the work accident. The ALJ noted variances in the amount of snowfall represented significant differences. The ALJ noted Dr. Poetz was not certified to evaluate musculoskeletal conditions and did not fully address the role of the prior heart attack.
The Commission found a failure of proof of accident and injury by accident due to its findings related to claimant's credibility.
ALJ Carlisle
Atty: Niessen, Amsler
Experts: Poetz, Cantrell
