Randall Clinkenbeard v Dept. of Corrections
Release Date: Nov. 23, 2020 (Oct. 2014)
Venue: Texas County
Plot Summary: Claimant alleges injuries to his shoulder and elbow after pulling a hood and receives a PPD award against the employer. The Commission reverses an award of PTD against the Fund for failure to meet the requirements of 287.220.3.
Employee did not file an appeal on the denial of future medical.
The Commission noted the expert did not find a combo for a single qualifying pre-existing condition and relied upon a finding of a combination of "all" qualifying and non-qualifying conditions. The Commission noted the employee did not file an appeal and requested his motion to remand to the Commission to consider further evidence and rejected the 'buyer's regret' argument to undo the prior settlement with the employer due to an unexpected change in the law.
Inj. No. 14-089634
Cast
Mahon, ALJ
Spear, atty
Rhoades, atty
Volarich
Eldred
Memorable quotes:
"had the Cosby decision been rendered prior to his hearing, he may have taken a different strategy in settling with the employer, and in presentation of his case. He goes so far as to suggest we should revisit the stipulations which the parties previously voluntarily adopted as binding, and to remand to revisit the liability of all parties. We reject that argument and in accordance with the law must give effect to the parties' previously adopted stipulations and voluntary agreements of settlement, in this case, with the objective of settling employer's obligations to employee, in all respects but the issue of future medical. Bock v. Broadway Ford Truck Sales Inc., 55 S.W. 3d 427, 436 (Mo. App. E.D. 2001; (See also Exhibit 30, the written stipulation and agreement). If we did not do so, any party, who later regretted the terms of its bargained for settlement, could reopen their case and prolong the dispute indefinitely."
