Court affirms denial of tinnitis after scuffle

James Schlereth v Aramark Uniform Services

Venue: Eastern

Release date:   Nov. 12, 2019 (Accident date Oct 8, 2014)

Plot Summary:  Claimant was a former employee who was engaged in an altercation at work and fired.  A subordinate was offended when claimant criticized behavior as "stupid", and the subordinate spit in claimant's face and knocked him to the ground.  Claimant sought worker's compensation benefits for a head injury and tinnitus allegedly caused from the trauma.  The Court affirmed a decision of the Commission which denied benefits, and affirmed a denial by the ALJ.

ED 107806

Cast
Hess, Hon.
Gault
Hares
Cohen
Peeples


Comments:  The court noted the Commission's award was inconsistent in its findings and the award was "poorly written"  and erroneously concluded there was "no" evidence to support the claim. The court found an implicit finding that defense expert was more persuasive on the issue of causation.  The Commission criticizes the argument in the appeal as misconstruing testimony which "stripped"  any analytical or persuasive value and failed to follow a mandatory framework for raising a challenge under 287.495.1(4).  The defense noted a gap in medical histories to report bilateral symptoms, and expert opinion that claimant's symptoms of tinnitus could be better explained by use of medication.

Claimant had a companion case alleging injury by occupational disease (carpal tunnel).  The case was denied and the appeal was voluntarily dismissed.

Statute of limitations bars SIF claim added within 12 months after a settlement

Rick Hunsaker v.  Woody's Trucking

Release Date:  Nov. 6, 2019  (Accident date Jan. 2011)

Venue:  Stoddard County

Plot Summary: The Commission affirms a denial of benefits based on statute of limitations for a claim against the second injury fund.
statute of limitations 

Inj.  No. 11-004178
https://labor.mo.gov/sites/labor/files/decisions_wc/HunsakerRick11-00417811-6-19.pdf

Cast:
Kasten, ALJ
Green, atty
Rhoades, atty (SIF)
Woiteshek
Shea


Comments:

Claimant in December 2016 filed a claim to add the second injury fund and change an address within 12 months after settling the claim with the employer and asserts a "settlement" counts as  a claim for computing the statute of limitations against the Fund.

The ALJ found the claim filed more than 5 years after the date of accident and more than a year after the original claim against the employer and did not comply with requirements of  287.430 when the claim did not supplement or amend the original claim with regards to facts or parts of body, following Naeter v Treasurer of MO, ED 196849.

Claimant raised constitutional arguments  that Naeter violated  due process and equal protection which were not addressed on the merits.

What's it worth?
Employer had settled for 35% BAW for multiple injuries when a cage of chickens and chain boomer slipped off and struck claimant in the face.