Donnell v Tran State Airlines
Release Date: June 14, 2022
Venue: Eastern ED 110126
Decision: Commission did not abuse its discretion to deny fees and costs under 287.560 based on factual findings that both parties engaged in unreasonable antagonist conduct. Claimant contends defense failed to comply with a 2012 award for future medical treatment without a defense in a five year delay in the Remand Hearing.
The Commission awarded $791,740 as a commutation of a future medical award. The respondent did not object to the Commission's authority to commute the future medical award, but the record did not contain the request for commutation of treatment related to an ankle injury asosciated with RSD or CRPS. The Commission found the payment of PTD had been timely and denied the request to commute PTD benefits. The employer had complied with the duty to provide future medical pursuant to the award until the claimant filed a motion for commutation and stopped benefits after 2014.
Odenwald, Hon.
Hoffman, atty
Lecinski, atty
Wright, atty (at Ct of Appeals)
Levy, atty (at DOLIR)
