Roy Franklin v Mitchell Mill Systems
Release Date: Oct 22, 2020 (April 2014)
Venue: Joplin
Plot Summary: Commission reverses a PTD award against the Fund and finds the employer liable for PTD after a back surgery "redo" based on the nature of restrictions after the last surgery and found it unnecessary to consider whether .2 or .3 applied to assess Fund liability.
14-2567810
Cast:
Fischer, ALJ
Koprivica
Shakhan
Eldred
Comments: The doctors did not dispute claimant developed injury by occupational disease to his back from repetitive activities associated with his job as a welder which was treated with a "re-do" of a prior microdiscectomy. Claimant reports the surgery failed to alleviate his symptoms and he never returned to work. The ALJ noted claimant was PTD due to a "combo" based on a "profound" degree of pre-existing disability including, among other things, surgery to the same disc level, shoulders, wrists, and knee.
No party disputed on appeal that claimant was PTD.
