Justin Kent v NHC Healthcare
Premier Group Ins. Co.
Release date: Jan. 10, 2020 (Accident date Jan 4, 2008)
Venue: St. Louis
Length: 22 pages
Plot Summary: Commission reverses a PTD award for back injury of a 33-year old producing "post-traumatic spondylosis" with radicular symptoms. the Commission notes "credibility" is "suspect" and "diminished , doubts whether the expert had knowledge of multiple other accidents, and the "largely subjective" symptoms. There was no evidence the employer was aware of the need for further care directly or constructively from court settings. The claimant failed in a burden of proof to show the nature of the communication that the employee claims should have put the employer on notice.
Cast:
Boresi, ALJ
Fagan
Leahy
Kitchens
Chen
Musich
England (report not admitted)
Randolph
Comments: The ALJ found injuries sustained in the last accident alone to be "catastrophic" impacting pain, sleep and the ability to work and self-medication by drinking after his accident and concludes claimant was in "perfect" health previously.
Memorable Quotes:
"Although Employer can argue with the benefit of hindsight that not every treatment decision was sound, that does not relieve Employer for assuming responsibility for the treatment…."
"It is implausible for an employer to assert it did not have notice of the need for treatment after over 20 court settings dealing with a claimant's injury."
The ALJ barred a custodian records deposition due to irregularities that involved two staff members and the doctor himself.
Claimant reported temporary relief from a L4-5 discectomy (Kitchens) followed by a fusion (Dr. Chen) and subsequent diagnosis of non-union (Crane). The ALJ had awarded more than $200,000 in TTD and unpaid medical expenses. The Commission decision was for $44,123.80 in PPD.
What's it worth?
35% PPD (L4-5 microdiscectomy)
