Sonia Mendez v Butterball LLC (sif only)
Inj. No. 16-105570 2024 MO WCLR LEXIS 23
Release date 5/28/2024 (D/A June 2016)
Claimant sought PTD benefits against the second injury fund, claiming prior repetitive trauma injury to both arms (carpal tunnel) and neck resuitng in 30% to the neck and 25% of the arm.
The Commission found the ALJ erred to combined carpal tunnel surgeries as BAW for fund liability, when claimant's settlement and claimant's expert rated them separately, below threshold.
The Commission found inconsistencies in vocational testimony whether the liability was last accident alone were not fatal to the claim.
The Commission rejected the claim that claimant's shoulder injury and surgery at 22.5% was not qualifying because one expert rated him below threshold.
The Commission found it was not "bound" by settlement agreeements designated disablity below threshold and could reach different opinions.
The Commission affirmed a PTD award against the Fund, excluding the CTS from consideration.
The ALJ noted claimant lived in Carthage, had a large family, a 4th grade education, and was an immigrant who spoke no English
