Lisa Coffer v Health Mgmt Assoc (Twin Rivers) and Treasurer of MO
Liberty Ins. Corporation
Release Date: Nov 25 2019 (stipulated accident date Dec 13, 2013)
Venue: Dunklin County
Plot summary: Claimant was a long-term PBX operator who developed bilateral carpal tunnel, settled with the employer, and then sought PTD benefits against the Fund. The Commission finds 287.220.3 applies as the claim was filed after Jan 1, 2014 and reverses an award of benefits. "We understand this language to mean that when one (a) files a workers' compensation claim (b) against the Second Injury Fund where (c) the subsequent compensable injury is an occupational disease and (d) the filing date is after January 1, 2014, then § 287.220.3 RSMo, applies." The Commission finds as a matter of law a failure of proof that claimant's pre-existing medical conditions are "qualified" medial conditions under section 3. .
https://labor.mo.gov/sites/labor/files/decisions_wc/CofferLisa13-10424011-25-19.pdf
Inj. No. 13-10424011
Cast
Kasten, ALJ
Edwards, atty
Harris, atty
Hinton
Poetz
Shea
Comments: The ALJ found Dr. Poetz's report was admissible despite his unavailability due to death as the Fund had reasonable opportunity to depose him and the court construed the obligations of 287.210.7 to require only a duty to make the expert reasonably available. Dr. Poetz had rated claimant with a cumulative prior disability exceeding 100% BAW related to mental, neck back, arm and colon conditions.
The ALJ found "Based on my ruling that Ms. Coffer's primary occupational injury occurred on December 13, 2013 which was prior to January 1, 2014, I find that Section 287.220.2 RSMo applies to her Claim against the Second Injury Fund. The Commission held the filing date was determinative and found insufficient evidence that claimant's prior conditions qualified under section 3 which provides:
" (a) a. An employee has a medically documented preexisting disability equaling a minimum of fifty weeks of permanent partial disability compensation according to the medical standards that are used in determining such compensation which is:
(i) A direct result of active military duty in any branch of the United States Armed Forces; or
(ii) A direct result of a compensable injury as defined in section 287.020; or
(iii) Not a compensable injury, but such preexisting disability directly and significantly aggravates or accelerates the subsequent work-related injury and shall not include unrelated preexisting injuries or conditions that do not aggravate or accelerate the subsequent work-related injury; or
(iv) A preexisting permanent partial disability of an extremity, loss of eyesight in one eye, or loss of hearing in one ear, when there is a subsequent compensable work-related injury as set forth in subparagraph b of the opposite extremity, loss of eyesight in the other eye, or loss of hearing in the other ear"
What's it worth? (no SIF PPD opinion )
18.75% BAW (plus set aside) (by settlement)
Commission 20%, and 22.75% for CTS
