William Stratton v City of Odessa
Missouri Rural Service
Release Date: Nov. 14, 2019
Venue: Lafayette County
Plot Summary: Claimant alleges respiratory and psychological conditions associated with exposure to black mold. The Commission affirms a PPD award, medical, and penalties for an unreasonable defense under 27.560.
Inj. No 14-1037351
Cast:
Seidlik, ALJ
Thomas
Collier
Poppa
Wald
Shen
Memorable quotes:
"any actions prior to the initiation of the workers' compensation proceeding are not a basis for our finding that an award of costs is appropriate under§ 287.560."
Comments:
The Commission noted the tactical decision by a party not to present evidence does not support an award of sanctions under 287.560, but runs the risk the other party will satisfy the burden of proof. In this case, the commission accepted claimant's testimony that the employer did not tender care, an issue disputed by the employer, and found 287.560 sanctions were reasonable when Dr. Shen opined claimant had a work-related condition and the employer did not provide benefits and the employer continued to dispute liability.
"We do not find employer's defenses to the statute of limitations to be reasonable when employee filed his claim even before he had a firm medical opinion upon which it was reasonably discoverable and apparent that he had an occupational disease attributed to his work. We do not find employer's defense on the basis of challenge to medical charges to be reasonable when there are ways to address those issues short of denying all liability." The ALJ rejected that his liability was extinguished if the statute of limitations precluded any legal remedy for the provider, and awarded medical bills for a 2008 admission for empyema.
What's it worth?
20% respiratory 5% psych plus past medical
