Frank Starks v Import Specialists
Release Date: June 23, 2020 (Accident date Aug 5 2015)
Venue: Springfield
Plot Summary: Commission affirms a PTD award with open medical for a hip injury from tripping over an electrical cord resulting in the need for a hip replacement.
https://labor.mo.gov/sites/labor/files/decisions_wc/StarksFrank15-063148.pdf
Cast:
Mahon, ALJ
Platter
McBrearty
Hicks
Charapata 50%, then 60%, then total
Lennard
Crockett - 40% hip
Comments:
The ALJ found no fund liability based on a prior back surgery that required daily use of oxycodone a month before the hip accident because claimant states he experienced a "night and day" difference in his symptoms. The ALJ later notes in her credibility assessment that claimant "downplayed" the extent the prior back symptoms impacted him. She concludes no "realistic" employer would hire him because of his age, limited tolerance to sit, and narcotic use, and no high school diploma.
The ALJ found the employer delayed treatment, the delay caused deconditioning and endangered claimant's recovery in violation of 287.140.2 but found the employer did not waive its right to "select" a provider for future care but needed to designate a provider to furnish treatment consistent with recommendations of claimant's expert, a retired anesthesiologist.
"Rather than immediately remove the selection of the health care provider, however, Employee has
suggested in his proposed Award that Employer/Insurer be directed to select a health care provider who
will provide future medical care consistent with the recommendations of Dr. Charapata to relieve the
effects of the work injury. If Employer/Insurer then fails to provide such treatment, it will be deemed to
have waived the right to select providers, and Employee shall thereafter be entitled to reimbursement of
his future medical expenses. I find such solution appropriate, within the contemplation of the statute, and
order the same. "
The ALJ denied a defense to shorten TTD based on a purported offer to return to work in a seated position based on the conclusion that claimant could sustain work in a seated position.
The ALJ makes several findings concerning claimant's frail appearance, at one time that he was under 100 pounds.
