Tuesday, January 28, 2020

Brittle bone condition supports fund award

Anthony Davis v Negri Plumbing

Release Date:  Jan 14, 2020  (Accident Date Sept 1, 2010)

Venue:  Howell County

Plot Summary:  The Commission in a  2-1 decision reverses a denial of SIF benefits.  Claimant alleges he was unable to return to work as a plumber after a knee injury.  A majority of the commission finds claimant's brittle bone condition was a qualifying fund condition equivalent to 20% BAW.

https://labor.mo.gov/sites/labor/files/decisions_wc/DavisAnthony10-06980801-14-20.pdf

Cast:
Alberhasky
Elmer, ALJ
Swaim
Putnam -10% (report not in evidence)
Eldred - PTD
England - PPD

Comments:
The ALJ noted prior to the accident claimant's demonstrated a sustained capacity to perform heavy-duty work and  failed to establish his brittle bone  condition was an obstacle or hindrance, even though his osteogenesis imperfecta had caused 22 prior fractures.


What's it worth?
45% knee with open medical