Mark Hundley v Conagra
Release Date: 3/31/2021 (Accident date: 2014)
Venue: Boone County
Plot Summary: Commission affirms a denial of a claim based on a defense of failure to prove accident when claimant alleges he hit his head when he was a restrained driver wearing a hard hat and his seat suddenly moved forward causing him to his his head.
A defense expert contends there was no evidence he sustained a head injury and complaints of unsteadiness more likely could be attributed to non-traumatic diabetic neuropathy and left visual defect was more likely due to diabetic condition than a brain injury. Claimant's expert based opinions on a flawed medical history that the hard hat was shattered.
A dissent felt claimant established an accident but failed to prove injury by accident due to equivocal medical opinion about the cause of any traumatic brain injury.
14-094684
Cast
Young, ALJ
Netemeyer, atty
Neumeyer, atty
Shoemaker
Shah
Silverman
Peeples
