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.
