Mark Lynch v Treasurer of the State of Mo.
Release Date: Oct 19, 2021
Venue: Eastern District
Summary: The court of appeals reverses a denial of second injury fund benefits as not supported by substantial and competent evidence when it found claimant's retirement unrelated to carpal tunnel which was diagnosed and surgically treated years after his retirement.
ED 109502
Discussion:
The SIF argued claimant failed in his burden of persuasion that his retirement was a combo and relied upon an inference from a medical record mentioned in a vocational evaluation that claimant retired unrelated to his carpal tunnel. The court found the record from Dr. Rotman not admitted in evidence, the inference was not completely supported, and that the medical and vocational opinions of a "combo" to trigger Fund liability were not found to lack credibility by the Commission or contradicted by other expert opinion. The court noted the commission failed to identify other medical findings prior to claimant's retirement to support an inference of symptomatic carpal tunnel prior to his retirement, even though the condition had not been diagnosed before he retired.
Claimant sustained numerous injuries during his 35 year employment with Anheuser Busch. His records identify symptoms in his hand the year of his retirement and a diagnosis of carpal tunnel on nerve conduction studies 5 months after his retirement. Claimant testified he had numbness and tingling for 20 years which impacted his capacity to work and he retired because of his carpal tunnel, ringing in his years and other conditions but at the time did not know anything about carpal tunnel. It is not explained why such chronic symptoms described in his testimony are not documented until shortly before he retires.
The Commission case notes the employer settled for 20% of each wrist. No medical benefits were paid. ALJ Teer denied compensation and additionally found claimant failed to establish his tinnitus was a pre-existing condition.
Parties:
Quigless, Hon.
Tatlow, atty
Campbell, atty
Woiteshek
Cordray
What's it worth? SIF PTD
