Release Date: 9/13/2021 (Accident Aug. 2014)
Venue: Cole County
Summary: Claimant appeals a denial of PTD benefits against the second injury fund. The Commission affirms. The ALJ found experts credible that claimant was PTD due to the 2014 low back, the prior knee and the prior low back, that the prior back aggravated the current back claim, but claimant failed to satisfy the requirements of 287.220.3(2) that disability flows from a single qualifying pre-existing disability, when the prior knee lacked sufficient level of disability to qualify under the statute.
The Commission noted the prior qualifying disability does not have to be known, it does not have to be at MMI, but it fails to trigger liability when there was no testimony that the knee or knees aggravated or accelerated the primary injury. A dissent found consideration of non-qualifying disabilities did not preclude a finding that SIF owed for claimant's PTD.
Inj. 14-063032
Cast
Fisher, ALJ
Volarich
Weimholt
Bernardi
What's it worth?
20% CLSS back (revision of prior surgical fusion).
