Everett Ptomey v Affiliated Foods Midwest
Release date: July 9, 2020 (Accident date: July 7, 2016)
Venue: Buchanan County
Plot Summary: The Commission in a 2-1 decision reversed a PTD decision against the Fund based on 12.5% primary injury from a rear-end accident and priors of a 20% neck, 20% BAW (legs) and 5% back.
16-0530817
https://labor.mo.gov/sites/labor/files/decisions_wc/PtomeyEverett160530817-9-20.pdf
Cast
Asbridge, ALJ
Yarwood
Cole
Stuckmeyer
Cordray
Comments: The Commission noted:
"The question presently before us, then, is whether employee is entitled to permanent
total disability benefits where his claimed permanent total disability does not result from
a combination of the primary injury and a preexisting disability that satisfies the
enumerated criteria under§ 287.220.3 (a)a., but rather from the combination of his
primary injury and various claimed preexisting disabling conditions, including at least
one preexisting permanent partial disability that does not equal a minimum of 50 weeks
of compensation according to medical standards used in determining such compensation."
The Commission reversed and construes 287.220 to require proof of a combo of a primary and a "single" prior qualifying condition, and in this case the proof was that there was a combo of a primary and "two" prior qualifying conditions and one condition that did not qualify. A dissent found the interpretation antithetical to the legislative purpose of the Fund.
