Reginald Jones v Orbital ATK
Indemnity Ins Co of N. America
Release Date: Sept. 12, 2019 (Accident date April 3, 2013)
Venue: Jackson County
Plot Summary: Claimant who had a prior ACL knee surgery failed to show a new injury by accident when he stepped in a hole at work caused a new medical condition (personal injury). Claimant's expert felt claimant was a candidate for knee arthroscopy and defense expert felt claimant required TKR due to arthritis. The defense expert indicated it was possible for the accident to cause the alleged medical conditions but that the accident did not cause them.
Inj. No. 13-031100
https://labor.mo.gov/sites/labor/files/decisions_wc/JonesReggie13-03110009-12-19.pdf
Cast:
Siedlik
Jones, atty
Roby, atty
Stuckmeyer 25%
Samuelson
Strong
Memorable Quotes
"The difference being Tillotson had a torn meniscus whereas here, the Employee was not found to have sustained more than an aggravation of his pre-existing condition...."
Comments
The majority finds defense experts were more credible noting they were orthopedic surgeons and were involved in active treatment rather than Dr. Stuckmeyer who performed a singular exam, he was not involved in treatment of anyone for several years, and comments the expert was known by the Commission "by virtue of his numerous reports offered before the Division on behalf of employees."
The commission notes that claimant's testimony that he was suffering from "constant and unrelenting pain" that impacted his lifestyle and ability was weakened because he had worked at two subsequent jobs and not availed himself of "equitable relief" or sought care through alternate sources, such as the V.A.
The ALJ noted the employer apparently admitted accident that claimant snagged his foot at work, although the ALJ when he described testimony about the accident noted claimant was "vague" in other details.
A dissent argued that claimant's expert was more credible that claimant had a new medical condition (aggravation) and a medical disability to support a temporary award and that the majority appears to find aggravations are not compensable injuries.
