Benjamin Branch v MERS Goodwill Industries
Sentry Casualty
Release Date: March 6, 2020 (Accident date: Nov. 13, 2017)
Venue: St. Louis
Plot Summary: Claimant alleges while sitting in a chair his chair broke resulting in injuries to his back. He had some physical therapy and recommendation for an injection. The majority of the Commission affirmed an award of 20%, before applying a credit for a prior comp settlement. The dissent conclude the ALJ's findings of radiculopathy as a basis of the award was not supported by the medical findings. The ALJ notes no radicular findings were documented at the time of Dr. Volarich's exam.
https://labor.mo.gov/sites/labor/files/decisions_wc/BranchBenjamin17-09076903-06-20.pdf
Cast
Denigan, ALJ
Sievers
Volarich - 25%
Gornet 5%
Comments
The ALJ notes recommendations for "aggressive" physical therapy for claimant's "serious" diagnosis
and conclusions that claimant has a back "syndrome" and "irreversible aggravation" of degenerative disc disease.
What's it worth?
20% BAW annular tear and "active" disc pathology
