Tucker v K&K Pallet Company
Release Date 6 - 15 - 2021 (April 2001)
Venue: Warren County
Background: The case spans over 19 years with the company dissolved and the insurer in liquidation. Claimant alleges injuries throwing pallets, he was diagnosed with a hernia and underwent a hernia repair. He underwent multiple further surgeries for recurrent hernia and abdominal pain with development of DVT. . Claimant reported he developed depression due to chronic pain and had outpatient psychiatric care for 6 years.
Cast
Kohner, ALJ
Edelman
Poetz
Weimholt
Randolph
Pribor
England
Comments: Dr. Poetz concluded claimant was PTD from the last accident alone. Dr. Pribor attributed 50% to pre-existing psychiatric conditions. Claimant sought an award of about $85,000 in medicals bills which the ALJ awarded including future medical and PTD based on pain complaints and impact of sleep deprivation.
A dissent would have awarded PTD against the Fund due to significant pre-existing disability.
