Release Date: Nov. 14, 2019 (Accident date Sept. 12, 2012)
Venue: Taney County
Plot summary:
The Commission affirms an award of benefits related to the right wrist but denies benefits to the left wrist and associated trigger finger release. The Commission notes the employee on appeal waived any claim of error related to synergy of the right wrist when the points of error were limited to the left wrist. The Commission found a failure of proof of credible medical opinion on the left wrist and noted that causation could not be inferred by an assessment of disability based on claimant's "perception" of a causal relationship.
https://labor.mo.gov/sites/labor/files/decisions_wc/BeamanGina12-06765211-14-19_0.pdf
Cast
Mahon, ALJ
Murphy, atty
Dolence, atty for carrier
Paul
Cleveland Clinic
Comments:
Claimant, 57, alleges injury by occupational disease while removing supplies from high racks. She had a TFCC repair and reported increased symptoms after an auto accident. The employer relied on a defense of intervening accident and was ordered to provide treatment and an MRI in a temporary award. The MRI did not support a need for more treatment. The ALJ found the intervening accident was not a factor in a temporary or final award. The claimant failed to prove a need for surgery for a trigger finger flowed from her injury, her expert opinion over-relied on an x-ray instead of the MRI findings, and a causation opinion that a relationship "may' exist was not substantial evidence. Expert opinion based solely on a separate 2014 claim did not support causation.
What's it worth?
25% PPD plus disfigurement (TFCC)
