Robert Cantrell v Spire (sif only)
Release Date: 9 15 2021
Venue: Cass County
Summary: Commission reverses an award of PTD against SIF for a primary shoulder injury (20%) based on 43% BAW prior combo settlement when the award also considered of other orthopedic and psychological conditions. The commission found reversible error by consideration of non-qualifying conditions in a determination of fund liability and not due to combination solely from prior accident at 43% BAW.
The Commission denied the request for additional evidence for the experts to address exactly that point, whether the 43% BAW alone with the primary would constitute PTD. The Commission declined and noted the claimant "could have" solicited alternate conclusions about liability with the exercise of reasonable diligence rather than relying upon Parker case, which was on appeal at the time.
A dissent would have affirmed the PTD award and regarded consideration of nonqualifying conditions was not erroneous.
Inj No. 18-019636
Cast
Rebman
Perkins
Hinson (sif)
McCabe
Schmidt
Rosenthal
Cordray
Notes
Claimant's attempts to return to work were reportedly foiled in part when a camera installed by his employer and triggered his prior PTSD/anxiety.
The Commission noted it would have regarded a prior 43% BAW settlement to qualify even when it was "combined" multiple conditions (scheduled and unscheduled) when it divided the total weeks of disability by the number of body parts listed on the settlement and each would separately trigger the minimum threshold.
