Gregory Phelps v Gideon 37 School District and Treasurer of MO
Release Date: Jan 25, 2021 (April 14, 2016)
Venue: New Madrid County
Plot Summary: Claimant injured a left shoulder while performing a repair of a bus and lost control of a ratchet. Claimant, 67, settled with employer and sought total benefits against the fund. His expert found him a total based on prior neck, back, respiratory combined with the new shoulder condition. The ALJ found prior conditions were not qualifying or qualifying and not of sufficient threshold disability. The Commission affirmed the denial 2-1 based on a difference of opinion whether claimant sustained his burden of proof and how to apply the law.
Cast
Young, ALJ
Edwards atty
Williams, atty
Mall
Volarich
Shea
