Sondra Denomy v Francis Howell R-3 School District
Release Date: Oct. 24, 2019 (Accident date March 1, 2013)
Venue: St. Charles County
Plot Summary: A majority of the Commission affirms an award for PPD and other benefits which was defended on expert testimony that a belated diagnosis of a meniscus tear arose from unrelated causes and that her labral hip pathology was due to the "anatomy she was born with."
A 63-year old custodian was holding open a door when people moving parallel bars on a dolly lost control of the bars and it struck claimant and continued down the side of her body producing myofascial injuries and pain syndromes involving the hip, knee and ankle.
Inj. No. 13-012655
https://labor.mo.gov/sites/labor/files/decisions_wc/DenomySondra13-01265510-24-19.pdf
Cast
Landolt, ALJ
Trefts, atty
Levitt, atty
Woiteshek
Volarich
Krause
Quigley
Sheldon
King
Frisella
Memorable Quotes:
"There has been a serious miscarriage of justice against the employer and insurer in this case." (dissent)
Comments:
The ALJ found Dr. Woiteshek "most persuasive" that the accident caused injuries to the hip, knee and ankle but failed to prove an additional back injury, rated by Dr. Volarich. A dissent found gaps in claimant's documented history of symptoms did not support an award of any benefits when a knee symptom is not mentioned for six months.
What's it worth? $114,698
$32,522.25 in PPD
$73,351.11 medical (includes a knee surgery)
