William Watson v Tuthill Corporation
Release Date: Sept. 13, 2021 (April 2015)
Venue: Greene County
Summary: Commission affirms PTD for back injury from a senior service technician resulting from a single level lumbar fusion. He described a failed return to work after surgery and then reported a new neck injury. The employer was unable to accommodate claimant and his expert recommended onerous work restrictions.
The case is unusual as claimant returned to work and then had a subsequent 2016 accident. The court found that this did not preclude a finding that he was totally disabled from the 2015 accident because after the 2016 he was employed but not working in a capacity that would allow him to work in the open labor market, in effect, not 'really' working and was not at MMI. Even though the 2016 was the "last accident" chronologically it was not a "last accident" for purposes to assess fund liability. Claimant was already totally disabled so the vocational impact of any new injury was irrelevant to his capacity to work and the fact that he was working did not preclude a finding that he was unemployable.
Cast:
Mahon, ALJ
Vasquez
Sparlin
Bang
Koprivica PTD failed back syndrome
Eldred
Woodward 16%
Sprecker
Belz
Comments: The ALJ refers to claimant in glowing praise that he was a "loyal employee" and "toiled" at his job for 28 years and went on work trips to South Africa but had to stand in the plane because of pain.
