Tuesday, July 28, 2020

Total affirmed for cuff repair

James Shields v Lowe's Home Center Inc

Release Date:  July 24, 2020 (Accident date Dec. 23, 2015)

Venue:  Cole County

Plot Summary:  Commission affirms a PTD award for right shoulder for 72 year old claimant following surgery for cuff repair with ongoing symptoms and onerous work restrictions from claimant's medical expert, Dr. Volarich.

https://labor.mo.gov/sites/labor/files/decisions_wc/ShieldsJames15-10134807-24-20.pdf


Cast:
Fisher, ALJ
McDuffey
Volarich - 65% total
Gonzelez
Galbraith

Comments

A dissent found evidence that claimant's PTD arose from the last accident alone was not credible given claimant's work capacity limited him to "greeter" work prior to the accident due to prior medical conditions due to a herniated disc and prior shrapnel injuries.