Commission admits missing pages of report under "interest of justice."

The commission allows the employee to introduce additional evidence on appeal of missing pages of a doctor's report under the "furthers the interest of justice" clause of 8 CSR 20-3.030(2)(B) and 287.550 but noted the report was not newly discovered evidence.  The SIF did not object to its admission.   Harold Williams, dec.   Dakota Coast, 2018 MO WCLR LEXIS --,  Inj.  00-170204  (Oct. 10, 2018)

The case proceeded solely against the second injury fund with settlement by the employer.

ALJ Dierkes notes claimant had never reached maximum medical improvement of the primary injury prior to his death no so disability had never accrued to trigger fund liability. 

The Commission modified the award and found sufficient evidence that claimant had reached maximum medical improvement despite expert opinion that claimant might require additional care.  The Commission denied fund liability based on lack of credibility or testimony about synergy.  Claimant minimized the extent of a prior back condition (20% settlement) or the ongoing treatment for pain management and exaggerated symptoms beyond what could be reasonably established on a physical basis. 

The ALJ noted claimant's expert had erroneous rated for loss of a kidney when claimant had not lost a kidney and had evidence of only a small tumor at the time of his accident. 


ALJ Dierkes
Atty:  Montgomery, Doner
Experts,  Parmet, Cohen  (SIF offered no experts)