Randy Lawrence v Noranada
Release Date: May 20, 2020 (Accident April 8, 2014)
Venue: New Madrid County
Plot Summary: A majority of the Commission affirms a PTD against a 38 year old employee who injured his right arm and shoulder lifting a 30 pound piece of metal and claims he cannot use his dominant arm after surgery for a dislocation and for traumatic thoracic outlet syndrome.
https://labor.mo.gov/sites/labor/files/decisions_wc/LawrenceRandy14-02685205-20-20.pdf
Cast:
Young, ALJ
Plufka
Remley
Volarich
Weimholt
Knight
Milne
Hagan
England
Comments
Claimant underwent surgery for a dislocation and Bankart's lesion. He treated extensively with injections and surgery with Dr. Hagan for thoracic outlet syndrome. Dr. Volarich rated claimant with 60% disability for a poor outcome. His vocational expert felt he was unemployable in the area where he lived based on restrictions from Dr. Volarich that he basically could not use his dominant right arm. Claimant testified he could not use his arm and showed failed job searches. The ALJ found the expert more credible than treating experts who felt claimant could perform medium level work and could still perform significant portions of his former job.
The dissent sharply criticized the award of total benefits to a 38 year old who had residual function. "In my long experience as a business owner, I have seen many
people with less education, and people that are more disabled than employee that are
able to successfully work every single day, despite their circumstances."
