Thursday, August 26, 2021

Failure in burden of production when SIF claim incorporated nonqualifying prior conditions

Ray Ingles v Corrigan Bros.

Release Date:  8 18 2021  (Aug 2014)

Venue:  Callaway County

Summary:  Commission affirms denial of PTD benefits against the SIF when expert opinion exclusively relied upon qualifying and non-qualifying medical conditions.  A dissent regarded consideration by experts of non-qualifying disabilities was not reversible error.  ALJ Farmer further noted claimant failed to show PTD from a "single" pre-existing disability and opined he was "constrained" by the statute as it was "currently construed."  The Commission noted a lack of evidence that the prior aggravated or accelerated the disability based on the statute.  

14-102499

Cast

Viet

Donner

Volarich

Cordray