Michael Lexow v Boeing Co.
self
Release Date: March 20, 2020 (accident date April 13, 2016)
Venue: St. Louis
Plot Summary: ALJ awards PTD benefits for prior occupational and non-occupational injuries on the finding that the unrebutted expert showed the condition significantly aggravates or accelerates the subsequent work related injury. Claimant settled his prior claim of left carpal tunnel (recurrent) with the employer. The Commission concluded that 287.220.3(a) requires no consideration of conditions which do not satisfy the 50 week criteria.
Inj. No. 16-029680
Cast
Hart, ALJ
Gregory, atty
Campbell
Volarich
Gonzales
Comments: The Commission noted both Dr. Volarich and Ms Gonzales factored in each of the enumerated prior conditions. The Commission concluded that an expert or fact finder must delineate which of the multiple claimed disabilities contributed to cause the PTD. "We conclude it is necessary to identify, with specificity, which of an employee's identified preexisting disabling conditions are claimed to combine with the primary injury to render the employee permanently and totally disabled." The Commission found he argument "unavailing" that expert opinion of synergy shows an aggravation because it erroneously included all of the pre-existing conditions in a claim against the Fund.
A dissent concludes the majority interpretation of the new SIF statute is "devoid of context" and ignores statutory purpose of the fund. It over-applied strict construction to exclude other pre-existing disability which did not meet the criteria. It found legislative intent to limit SIF liability to promote solvency did not intend to shift liability to the employer as a default for pre-existing conditions which did not satisfy the new criteria.
