James Wurth v Treasurer of the Second Injury Fund
Release Date: Oct. 8, 2019
Venue: Eastern District
Plot Summary: The court of appeals affirms a denial of benefits against the Fund, on a "working total" defense.
Claimant alleges he hurt his back in November 2008 and as a result of a combination with pre-existing medical conditions he was unemployable in the open labor market and entitled to SIF benefits. The determination of permanent total is not if one is employed full-time but if one can compete in the open labor market. The Commission found claimant's medical condition leading up to the last accident required accommodation that are not available in the open market. Dr. Volarich in an earlier case indicated that claimant needed to come in late, rest, nap, go home early, etc., Claimant essentially challenges the credibility of his expert in the earlier case and now claims he over-stated the extent of his need for accommodation based on his subsequent ability to work "full-time."
Dr. Volarich was claimant's expert in all of his cases and generated four separate opinions between 2000 and 2009 which provided opinions about work restrictions.
https://www.courts.mo.gov/file.jsp?id=145194
ED 107335
Cast:
Page
Plufka, atty
Kincaid, atty
Volarich
Comments: The decision does not indicate what claimant received as a settlement in the earlier case in which claimant's expert imposed such onerous vocational restrictions.
