Phoenix/Travelers Ins.
Date of Release: Jan 10, 2020 (Accident Date Aug 14, 2013)
Venue: Clay County
Plot Summary: Commission affirms a denial of benefits against the SIF for a claimant who fell backwards in a bucket lift and injured his knee. Claimant failed in his burden of proof to establish convincing Fund claim which alleged PTD benefits.
https://labor.mo.gov/sites/labor/files/decisions_wc/BennettSterling13-07793301-10-20.pdf
Cast
Ottenad, ALJ
Berkin
Gonzalez
Mass, atty
Sandberg
Memorable Quotes:
"She noted that he would not present well in a job interview because he appears drowsy and confused, had impaired attention and memory, had problems holding a pencil with his right hand and took his blood sugar twice during the interview."
Comments:
Berkin "includes boilerplate Second Injury Fund combination language that says, "I feel the combination of his disabilities is significantly greater than their simple sum, and a loading factor should be applied." At first glance, it is clear that this combination language Dr. Berkin provides in this report, includes the combination of the March 24, 2014 disabilities with everything else listed. I find nothing in the report, and no opinions from Dr. Berkin, that narrowly tailors the combination language to the combination of the August 14, 2013 injury and any pre-existing disabilities creating a synergistic effect and invoking Second Injury Fund liability for permanent partial disability."
"Dr. Berkin's failure to, specifically, opine the nature and extent of the permanent partial disabilities that may have pre-existed the August 14, 2013 injury, his failure to, specifically, opine that any disabilities were a hindrance or obstacle to employment or re-employment prior to August 14, 2013 (as opposed to March 24, 2014), and his failure to provide clear and persuasive opinions (along with explanations) for how the August 14, 2013 injury combined with any pre-existing disabilities to result in a greater overall amount of disability than the simple sum. This finding is also based on Claimant's failure to provide clear and convincing evidence on how these disabilities may have combined to make him worse on account of the combination."
What's it worth?
22.5% meniscectomy
