Missouri Employers Mutual Ins. Co.
Release Date: Oct 3, 2019
Venue: St. Louis
Plot summary: The commission affirms a permanent and total award to a corrections officer who was kicked and hit by an inmate during an escape attempt. She had a broken tooth, a swollen eye, and sore back pain and developed PTSD and panic disorder and exacerbated pre-existing psychiatric issues.
Inj. No. 10-070906
https://labor.mo.gov/sites/labor/files/decisions_wc/WilliamsSabrina10-07090610-03-19.pdf
Cast:
Keaveny, ALJ
Moreland
McHugh
Hudson
Brockman
Bassett
Memorable quotes: "Claimant endured a bloody beating that was reported to last 5 minutes or more. As a reference, a round in a professional boxing match only lasts three minutes."
"A fellow officer tried to get her out but he did not have the right key. … She looked to another inmate for help and received none."
"Claimant was unwilling to participate in the evaluation unless her friend… was allowed to accompany her....approximately 30 minutes into the interview she voiced a willingness to conduct the interview alone. …."
Comments:
The ALJ notes the plaintiff's expert more persuasive because the report reflects "more effort," showed a review of all the records, and was based on an interview.
The ALJ notes the last accident was "so dramatic" that it could be considered in isolation to render claimant unemployable, despite prior psychiatric disorders that required treatment and caused work absences. Dr. Brockman attributed 40% new disability and an additional 30% attributable to exacerbation of prior depression and anxiety and felt claimant was unemployable. She did not identify a conversion disorder. The ALJ notes claimant attempted self-harm before and after the accident. Dr. Bassett, the employer's expert, felt she had developed permanent restrictions that prevented dealing with members of the public and developed 30% BAW new disability and the accident had aggravated a conversion disorder which was in remission.
The employer had stipulated to open medical for the 41-year old worker.
A dissent considered claimant totally disabled but not based on the last accident alone due to the "prior significant mental health episodes...."
What's it worth?
PTSD - total disability
