Auto Owners Ins. Co.
Release Date: Sept 26, 2019 (Accident date April 13, 2011)
Venue: St. Louis County
Plot Summary: Claimant is a 69-year old carpenter who injured his right shoulder when it "popped" at work and he ultimately underwent 3 shoulder surgeries including a shoulder replacement. The SIF appealed an award of PTD benefits as no medical expert expressly made the finding that claimant's prior one-eye blindness and shoulder injury rendered him unemployable. The Commission affirmed the award and concluded the finding of PTD was supported by reasonable inference.
Inj. No. 11-02708
https://labor.mo.gov/sites/labor/files/decisions_wc/WilliamsRonald11-02770809-26-19.pdf
Cast:
Kohner, ALJ
Muchnick
Volarich
Gonzalez
Hughes
Comments:
The Commission found 287.190.6(2) requires claimant to attest authoritatively, confirm, manifest clearly or make evident or reveal the extent of an employee's physical functioning by making findings on examination, restrictions or recommendations as to the employee's physical abilities referable to the diagnosis. . The commission was free to consider the opinions of multiple experts to reach opinions about the capacity to work, and a finding that a person was capable of "sedentary" work from a medical standpoint did not preclude a vocational finding that the person was unemployable.
The WD Court of Appeals rejected a similar argument a year ago in Moss v Treasurer of the State of MO
2018 MO App. Lexis 1663 (Mo. App. 2018)
What's it worth?
shoulder 45% PPD
SIF - total
