Court awards total against fund related to hearing loss

Jimmy Fields v Treasurer of MO

Release Date:  July 20, 2021  (2012, multiple)

Venue:  ED 109259  Div. 4

Plot Summary:  Claimant alleges multiple back injuries and noise exposure while working as a ramp agent for Southwest. He settled 5 claims against his employer and sought benefits against the Fund. The court reversed a denial of fund benefits on the basis of prior hearing loss.   

Comments:  Claimant's expert rates 25% collectively for disability to the back among 4 claims and stated he "guessed" to apportion disability equally.  He declined to rate the hearing loss but testified to a synergistic effect between the back conditions and hearing loss to render him totally disabled.  

The court affirmed a denial of multiple PPD claims against the fund but reversed and found PTD on basis of the prior hearing loss.  The court found claimant did not meet his burden to establish percentages of disability and the Commission could find Dr. Margolis apportionment to lack credibility as it was based on guesswork.

The Court found the commission's finding that claimant was not totally disabled in combination of the hearing loss was inconsistent with its earlier award of partial disability on the back alone.   Dr. Margolis' opinion about synergistic effect to cause PTD was sufficient to support a PTD award even though he deferred to rate the degree of permanency related to the hearing loss.  The court found such testimony proceeded, without objection, and was not contradicted and the commission acted arbitrary without regard for the evidence to deny fund liability.  

Gardner, Hon.

Gaertner and Hess concur

Experts

margolis 

stock

cantrell

davis

mikulec

Impeaching video diminishes PTD claim for foot injury

 Kenneth Stratton v R&L Carriers

Release Date:  7-12-2021  (Oct 2015)

Venue:  Jackson County

Summary:    Claimant fell and injured his foot resulting in 22.5% disability and fails to prove PTD or future medical.       

Inj  No.  15-079592

inal award deny comp - affirm (mo.gov)

Parties:

Siedlik, ALJ

Starke

Weltz

Stuckmeyer

Hornton

Speckler

Cordray

Comments:  The ALJ notes claimant's evidence is contradictory and video is problematic and inconsistent with testimony.  A dissent would have awarded PTD benefits and allowed the admission of a hearsay report because the report is referenced by vocational experts.  

Commission affirms total against fund for injuries with prior fusion.

 Steven Oakley v Central Transport Inc.

Release Date  July 2, 2021  (Nov. 2020)

Venue:  Scott County

Summary:   Commission affirms PTD award against the Fund and 45% award with open medical against employer for cervical, thoracic, lumbar injuries and concussion from getting struck by trailer door.  The experts disputed whether the extent of surgeries performed to cervical and thoracic spine were necessary, whether claimant sustained a new back injury, and  the need for future medical.  The ALJ found a combo due to prior conditions involving the neck (prior fusion) back and shoulder.  The employer had paid about $457K in benefits prior to the award.  

Inj. No.  10-109148

final award deny comp - affirm (mo.gov)

Cast

Byrne, ALJ 

Rice

Barkett

Patt

Williams

Fonn

Vaught

Yazdi

DeGrange

Chabot

Shea

Hughes

Cordray

Commission denies police officer's claim of stress-caused heart disease

 Harry Hall v City of Richmond Heights

Release Date:  July 2, 2021  (Jan 2014)

Venue:  St. Louis 

Summary: Commission 2-1 affirms denial of a "hybrid" claim under 287.067.6 that stress of  a career police officer caused his cardiac death.   

Inj.  14-032369

final award deny comp - affirm (mo.gov)

Cast:

Schaefer, ALJ

Martin

Hilliker

Shreim

Schuman 

Mankowitz

Comments:

ALJ rejected motion in limine to exclude Dr. Markowitz' report which concludes his heart disease was idiopathic,  which was admissible based on his experience,  even without proof of an separate genetic marker to show heart disease.  Claimant must show that cardiac conditions -- spasm, afib, and bicuspid aortic valve and hypertension had their origins in his work. The ALJ found allegations were nebulous and non-specific beyond general allegations that work can be stressful and confrontational.  

Claimant had received a prior settlement in 1990 related to a heart attack.

The ALJ notes a job reference letter written by claimant's counsel which does not mention limitations related to stress.