David King v Sheraton Clayton Plaza
Release Date: July 23, 2020 (Accident date: Aug. 2013)
Venue: St. Louis
Plot Summary: Commission affirms PTD claim against Fund based on a back on back.
https://labor.mo.gov/sites/labor/files/decisions_wc/KingDavid13-06331807-23-20.pdf
Cast
Denigan, ALJ
Keefe, D
Volarich
Hughes
Woiteshek
Gonzalez
Comments: Dr. Volarich concluded claimant was PPD and then concluded he was PTD based on a back injury causing "increased radiculopathy" and also rated a prior back condition at 20% treated by a chiropractor. The SIF offered no medical expert. "Given Ms. Gonzalez testimony and findings, it is
difficult to understand why Dr. Volarich changed his opinion. Her assessment contained
serious flaws as stated above. Mr. Hughes rebutted much of Ms. Gonzalez's testimony.
Nevertheless, the medical evidence suggests Claimant is permanently and totally
disabled." Claimant never had surgery apparently related to a risk from smoking and prior MRSA.
The ALJ denied the offer of claimant's deposition. "Convention in practice consists of simply identifying the pages
from a properly indexed transcript and giving the opposition an opportunity to respond."
It denied the SIF objection to records as IME rather than primarily treating records even though the records are self-described by the doctor as an IME.
The ALJ characterized claimant's testimony as unreliable and "much of which was unnecessary given the
unchallenged treatment record and un-rebutted expert medical testimony."
Case Value
30% PPD - unoperated back
Fund- PTD
