Thomas Williams v Treasurer of State of MO
Release Date: June 30, 2020
Venue: Eastern District
Plot Summary: The Court of Appeals reverses a finding, appealed by the employee, that MMI (and entitlement to PTD benefits began in 2016, after a knee replacement surgery, instead of an earlier earlier date in 2013, when he was released from care following a third knee surgery. Neither party disputed claimant was unemployable but the issue was when the permanent disability began.
https://www.courts.mo.gov/file.jsp?id=161014
Cast:
Gaertner, Hon.
Christiansen
Kincade
Raines, atty
Cohen
Maylack
Nogalski
Lalk
Comments: Claimant alleged a prior "ankle" combined with a cumulative trauma injury to the knee and back from working at Hussman. The ALJ found claimant unemployable. The vocational expert felt claimant's "funny" walk impaired his ability to maintain gainful employment. The employer expert, Dr. Nogalski, felt claimant's condition was unrelated to his work.
The court noted there was no evidence for the Commission to conclude the 2016 was the date of MMI. The court does not explain any underlying reason why the claimant was trying to reclassify his period of disability as permanent rather than temporary.
The ALJ (Teer) had found:
"The evidence supports a finding Claimant has permanent disability of 55% of the left
knee and 10% of the body due to his occupational disease/repetitive stress injuries, which arose
out of his work duties for Bussmann. He is also found to have pre-existing disability of 50% of
the right ankle due to his congenital clubfoot and two additional right foot injuries occurring
prior to the development of his occupational disease.
Additionally, the evidence supports a finding Claimant is unable to secure and maintain
employment in the open labor market, because of his need to constantly re-position himself, due
to the symptoms in his low back, left knee and right foot. These symptoms cause his need to rest
and recline during the day. Accordingly, the evidence shows Claimant's inability to work is the
direct result of a combination of his primary injury and his pre-existing medical conditions and it
is found the Second Injury Fund is liable for his permanent total disability"
https://labor.mo.gov/sites/labor/files/decisions_wc/WilliamsThomas02-04879910-03-19.pdf
