William Beavers v St. Johns Mercy Hospital
Release Date: Nov. 16, 2020 (D/A Dec. 2007)
Venue: St. Louis County
Plot Summary:
The Commission 2-1 affirms a 12.5% award for a back strain and denies benefits related to a subsequent disputed surgery.
The ALJ notes the parties agreed claimant had a back injury handling a patient but disagreed on most other issues and the relationship of claimant's back surgery to the original accident. The ALJ found claimant established he had a low back strain but failed to prove the accident caused or aggravated a prior disc condition to cause the need for disectomy noting the more persuasive testimony of a back surgeon and inconsistencies in claimant's testimony. The ALJ denied compensation for medicla bills of $161,268 related to a disputed back surgery following claimant's release by Dr. Cantrell. A dissenting Commissioner would have found total based on last accident alone.
07-12351911
Cast:
Ottenad, ALJ
Edelman, atty
Archer, atty
Sandberg, atty
Poetz
Weimholt
Cantell
Coyle
England
Comments:
The ALJ allowed the employer to amend its answer to include a post injury misconduct defense to TTD on the date of the hearing, over objection, when the issue had been raised in previous court proceedings. The ALJ found claimant was disqualified from TTD due to post-injury misconduct related to the use of profane, abusive insulting or threatening language.
The ALJ noted the PTD claim fails because it was predicated on finding claimant's surgery to be related. The ALJ awards 22.5 weeks against the Fund.
The ALJ notes "unfortunate" exchanges between the attorneys during an evidentiary deposition "where the attorneys simply traded barbs, argued and insulted each other" and found a judge would not "have tolerated" such conduct but allowed the "commentary and behavior of the attorneys" as part of the record.
