Mary Hazeltine v General Motors
Release Date: March 5, 2020
Plot Summary: On remand, the Commission reverses its denial of benefits and awards PTD against the second injury fund on the basis of prior psychiatric conditions.
https://labor.mo.gov/sites/labor/files/decisions_wc/HazeltineMary12-04360803-05-20.pdf
Comments:
The ALJ found claimant did not produce credible or competent evidence of a prior psychiatric disability as a basis to award Fund benefits to show her condition was disabling.
The court of appeals, ED 107630, found the 2-1 denial by the Commission misplaced the focus on how prior psychiatric conditions impacted her ability to work and not on the potential it could combine with a future work injury. It noted the Commission never concluded it disbelieved claimant's testimony.
