Richard Joyner v Monsanto
Release Date: Nov. 20, 2020 (Jan 2017)
Venue: St. Louis County
Plot Summary: Claimant twisted his knee while working in a 'water closet.' The Commission affirmed an award of PTD against the employer alone despite findings of "considerable" pre-existing disability. Claimant postponed a knee surgery to take a vacation and returned and 'could hardly get of the plane' and was diagnosed with blood clots, pulmonary embolism with respiratory failure. About 2 months after repair to his knee he ended up back in intensive care.
Cast
Keaveny, ALJ
Gregory, atty
Kovacs, atty
Volarich, 35% knee, 25% BAW
Fissel 5% sedentary restriction
Gonzalez
Hughes
Comments
The ALJ notes "considerable" pre-existing disabilities due to a prior infection and prior back surgery and that claimant's knee injury (meniscus, PCL) would not normally take claimant out of work. He finds the complication of DVT from pre-surgery immobilization and resultant functional limitations of fatigue and lack of endurance and sedentary restrictions for the 62-year old plumber rendered him unable to compete in the open market.
Memorable Quotes (additional comments from concurrence)
"If there was more medical evidence supporting Mr. Hughes' view that employee could successfully participate in the open labor market under Drs. Fissell or Volarich's physical restrictions, I would have been much more inclined to rule differently, by concluding that employee was not permanently and totally disabled. However, that was not the case with this decision. There was no evidence from Drs. Fissell or Volarich indicating that employee would have no problem finding work in light duty or semi-skilled positions after his January 18, 2017 primary work injury, and his resulting deep vein thrombosis."
