Jerry Sample v Drivers Management LLC, Werner Enterprises
Ace American Insurance
Release Date: Oct. 30, 2019 (Accident date Jan 2, 2019)
Venue: Callaway County
Length: 16 pages
Plot Summary: The Commission affirms a denial of benefits in a hardship hearing for an alleged injury by occupational disease from performing deliveries over the Christmas season which included neck pain and electrical sensations in both arms. A defense expert concluded claimant's employment for 17 days was not the prevailing factor in large C5-6 spinal cord compression and degenerative changes at other levels.
https://labor.mo.gov/sites/labor/files/decisions_wc/SampleJerry17-00670910-30-19.pdf
Inj. No. 17-006709
Cast:
Farmer, ALJ
Kelley, atty
Haeckel, atty
Lee
Fan
Orr
Moore
Cantrell
Chabot
Comments:
Claimant's expert, Dr. Lee, found the disc herniation flowed from claimant's strenuous activity in the absence of any other event to explain what claimant described as an acute, gradual onset of symptoms. ALJ Farmer found claimant already had pre-existing degenerative changes which were not worsened or changed by the work activities. The history of gradual, non-specific onset of symptoms was consistent with a chronic condition.
