Lisa Caldwell v. Missouri Baptist Hospital of Sullivan and Treasurer of Mo as Custodian of Second Injury Fund
Release Date: Oct 9, 2019 (Accident Date Feb 4 2012)
Venue: Franklin County
Plot Summary: A morbidly obese patient weighing 650 pounds rolled off of a gurney while disrobing resulting in back injuries to the claimant who was working as a certified nurse's aide. The majority affirms a PPD award against the Fund of nearly $35,000 based on prior multiple orthopedic injuries which included her spine, and rejects claimant's assertion that she is now permanently and totally disabled.
https://labor.mo.gov/sites/labor/files/decisions_wc/CaldwellLisa12-00782510-09-19.pdf
Inj. No. 12-007825
Cast
Teer, ALJ
Plufka, atty
Bean, SIF
Lee - surgeon
Volarich - PTD
England
Coyle
Hurford
Comments: Dr. Coyle concluded claimant exacerbated her chronic low back pain resulting in no surgical indication, and she proceeded with a L4-5 surgery which was a "bad idea" and resulted in post-laminectomy syndrome. The ALJ noted the subsequent "ill-advised" surgery was the cause of her disabling condition and noted claimant was not credible regarding her testimony and the scope of any disability as she was able to resume full time (light duty) work.
The Commission notes it did not consider any "worsening" of her condition after the surgery relevant as it was not pertinent to finding claimant's disability at the time of MMI (pre-surgery). The Commission regarded claimant's testimony about her self-limitations was given "limited weight" (the ALJ found claimant lacked credibility).
A dissent would have awarded PPD against the Fund based on Dr. Volarich's ratings and awarded 37.5% PPD referable to the primary injury.
What's it worth?
22.5% BAW settlement with employer
SIF load factor 15%
