Sunday, November 15, 2020

Commission finds "new" injury to back to reverse denial of Fund award

 Brenda Dubose v Prairie Farms

Release Date:  10-20-2020  (March 9, 2017 accident date)

Venue:  St. Louis

Plot Summary:  Claimant alleges back injuries from pulling a stack of milk crates and seeks benefits against the second injury fund. She asserts she retired early due to work environment changes after new management provided fewer accommodations related to her chronic back pain.  Her expert assessed disability for prior back, knee, and wrists.  The ALJ found no evidence of a "new" trauma to the back, and denied fund liability. The Commission in a 2-1 decision reversed the denial and awarded 57.15 weeks of benefits against the Fund.  


Cast

ALJ Schaefer

Merlin, atty

Cunningham, atty 

Berkin

Dolan

Petkovich

Hughes