Judith Gustin v Macy's Retail Holdings
self-insured
Release Date: Feb. 21, 2020 (Accident date Nov 27, 2014)
Venue: Greene County
Plot Summary: The Commission in a 2-1 decision affirms a denial of SIF benefits for permanent total on the finding that claimant failed to show the primary injury resulted in partial disability based on experts Dr. Koprivica and Dr. Hicks that her ankle contusion did not produce any new objective permanent changes.
https://labor.mo.gov/sites/labor/files/decisions_wc/GustinJudith14-10249402-21-20.pdf
Inj. 14-102494
Cast:
Mahon, ALJ
Alberhasky
Burks
Mullins
Eldred
Koprivica
Hicks
Hughes
Memorable quotes
"She just decided to enjoy her children and grandchildren. In effect, she chose a well-deserved retirement after a most successful business career. That is NOT evidence of permanent total disability."
Comments:
The employer had paid about $3000 to treat claimant's ankle following a contusion and SIF asserts there is no "objective" disability and her arthritic findings are chronic. Claimant is 78 years old. Claimant had several prior settlements as the basis for pre-existing conditions.
The majority rejects the contention that 287.020.3 allows SIF benefits for aggravation or acceleration of the work injury. The majority found the ALJ's comments about claimant's desire to retire as extraneous.
The dissent opined: "Employee had immediate and permanent pain with documented swelling caused by a contusion that resulted in employee reducing her work hours by half. Employee's November 27, 2014, injury had a profound effect on her ability to work and perform her job duties, a fact the administrative law judge misunderstood. There has been steady and continual objective evidence of swelling resulting from an aggravation of arthritis that impacts employee's ability to stand and walk and has resulted in significant permanent disability."
