Kevin Young v Linmark Products
Release date: June 7, 2021
Venue: Franklin County
Summary: Claimant sought second injury fund benefits following a claim of cubital tunnel syndrome and recurrent carpal tunnel settled with the employer. The court affirms a PTD award against the Fund.
Claimant sought benefits for sleep apnea, herniated cervical disc, exacerbation of herniated disc, carpal tunnel and thoracic compression fracture and relies upon expert opinion from Dr. Poetz that claimant has greater than 100% pre-existing disability. It appears the SIF defense was based on vocational opinion to argue post-accident worsening or 'some other condition' was involved.
Inj. No. 03-051173
Cast:
Kohner
Edelman
Poetz
England
Hogan
Cantrell
Wagner
Weimholt
Comments: The ALJ noted claimant was vocationally impaired by the use of narcotic medication and the need to lie down and difficulty staying alert. The ALJ found plaintiff's vocational expert based opinion on more comprehensive review of evidence. The SIF sought to introduce a statement from claimant to a doctor purporting to assert that his carpal tunnel was not work related. The commission found the an attempted "use" of the statement by the fund or reference to the statement in evidentiary depositions was barred as it was not produced in a timely fashion after a statement request.
