Marc Meng v SystemAire Inc.
Cincinnati Insurance
Release Date: Dec 12, 2019 (May 2006)
Venue: St. Louis County
Plot Summary: Claimant alleges injury by occupational disease from repetitive overhead work as a sheet metal worker resulting in surgical treatment to both wrists and elbows and thoracic outlet syndrome. He developed as a surgical complication of a phrenic nerve palsy after thoracic outlet surgery. The Commission affirms a finding that claimant is PTD on basis of TOS alone with complications of nerve palsy and finds the first of two employers liable under the last exposure rule.
Inj. No 06-068486, 08-121599
https://labor.mo.gov/sites/labor/files/decisions_wc/MengMarc06-06848612-12-19_0.pdf
Cast:
Teer, ALJ
Christiansen
Weinstock
Archer
Dreisher
Musich
Thompson
MacKinnon
Koo
Lalk
Blaine
Comments
Claimant worked 4-5 years at SystemAire and 7-8 months at Harke, where he was last employed. The ALJ found the condition disabling while employed with the first employer. The surgeon indicated both employments caused the thoracic outlet but the ALJ found the condition became disabling under SystemAire. The ALJ rejected the claim was inadequate because the allegation of BAW was sufficient to capture later refined allegations of thoracic outlet. The commission denied numerous constitutional challenges raised by defense counsel.
What's it worth?
PTD for 57 year old claimant with >$400K in back benefits for medical/TTD
