Harold Williams, dec. v Treasurer of State of MO.
2019 MO App. Lexis 1942
Release Date: Dec. 10, 2019 (Accident date Dec. 3, 2000)
Venue: Western District (Div 3)
Plot Summary: Court affirms a denial of a claim of PTD benefits against the Second Injury Fund after he fell at work and alleged his new back injury combined with a prior disability to his back which had required discectomy and resulted in a 20% settlement.
Cast:
Whitt, Hon.
Parmet
Cohen
Memorable quotes
" Williams bears the burden of demonstrating that his disabilities combined to render him unemployable on the open labor market. Williams notes that he was not gainfully employed following the Primary Injury. However, as detailed above, Williams spent the majority of his life following the Primary Injury incarcerated and just because a person is unemployed does not necessarily equate with being unemployable.
Comments:
The Commission found claimant was not credible, he failed to prove he had achieved MMI or established synergy to support a claim for Fund benefits. The claimant had raised issues of permanent partial and permanent total. The Court found claimant had the burden to show synergy only in partial claims, that the absence of synergy did not support a denial of PTD benefits, but that claimant did not preserve error on any issue related to synergy and a PPD claim. The court found a failure of proof that his asymptomatic medical conditions were made worse by the primary injury or were a hindrance or obstacle at the time of the compensable injury.
"The issue before us is not whether Williams presented sufficient evidence to support a finding of permanent total disability, the issue is whether the totality of the evidence supported the Commission's award. The Commission found that Williams was not a credible witness regarding his disabilities. The expert evidence that Williams put forth to support a finding of permanent and total disability was flawed. While Dr. Parmet did testify that Williams may have been permanently and totally disabled, in reaching this conclusion he relied on conditions that, by his own testimony, did not preexist the Primary Injury. Dr. Cohen testified that, although Williams was no longer employable in his previous profession as a truck driver, he could be employed in sedentary work. Additionally, the medical records of Dr. Komes supported a finding that Williams did not suffer from medical conditions that made him unemployable on the open market. The Commission did not err in finding that Williams did not meet his burden of establishing total permanent disability and therefore the Commission's award denying him coverage was supported by substantial evidence.
What's it worth?
33.7% right knee (CLSS)
5% left knee (CLSS)
15% BACK (CLSS)
7.5% hand (CLSS)
