Monday, March 1, 2021

No SIF benefits when failure to prove aggravation by prior non-compensable condition

 Tamara Polston v State of Mo. 

Release Date:  2-11-2021 (Accident date 3-10-2015, injury #2)

Venue:  Callaway County

Plot Summary:  Claimant was assaulted and hurt her knee, settled the case with the employer, and sought benefits against the Fund.  The ALJ found claimant sustained a compensable knee injury but failed to show she was PTD due a combination of prior conditions and noted she was not credible regarding her limitations, symptoms and physical and psychiatric conditions and did not  introduce credible evidence that her non-work prior psychiatric condition significantly aggravates or accelerates her primary knee condition to satisfy the statutory burden of proof.  

A dissent felt claimant was PTD and found credible that claimant had bipolar disorder and PTSD. 

15-013956

PolstonTamara15-013956-02-11-21.pdf (mo.gov)


Cast:

Farmer, ALJ

Dr. Daniel

Dr Cohen

Dr. Oliveri  

Dr. Pribor